TN 

TPxAXSLATIOX 


UC-NI 


$B    573   7D7 

THE  .MINING  LAvT 


AI'I'UF.Ii  To  I'lllA   BY   RoYAL  1-  •  ()l- 

in.  iss:.!.  ANh  .ll'M-  '^, 


WITH 


AN   APPKNDIX  CONTAINING  ALL  THE  PROVISIONS 

LSSl.'KL)  TO   DATK. 


WAR   DKPAKT.MKNT, 
DIVISION    (.F   CUSTOMS    A  M  >    fNSULAR    AFF 
JIM:,    !' 


WASHINGTON: 

(iOVEKXMEXT    P1{IXTIX(-J     OF! 
1000. 


GIFT  OF 


TRANSLATION 


OF 


THE  MINING-  LAW 


APPLIED  TO  CUBA  BY  ROYAL  DECREES  OF 
OCTOBER  10, 1883,  AND  JUNE  27, 1884, 


WITH 


AX  APPENDIX  CONTAINING  ALL  THE  PROVISIONS 
ISSUED  TO  DATE. 


WAR  DEPARTMENT, 

DIVISION   OF  CUSTOMS   AND   INSULAR   AFFAIRS, 
JUNE.   1900. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
1900. 


fe 
a 


Page. 

Royal  decree  of  November  14,  1883 5 

Royal  decree  of  August  14,  1884 5 

Mining  law  of  July  6,  1859,  amended  by  that  of  March  4,  1868: 

Chapter  I. — The  objects  of  mining 9 

Chapter  IL— Trial  pits 10 

Chapter  III. — Mining  claims - 11 

Chapter  IV. — Application  for  mining  claims -  -  12 

Chapter  V.— Surveys  and  concessions  of  property -  14 

Chapter  VI. — General  galleries  for  explorations,  drainage,  and  transpor- 
tation   __-,-. 16 

Chapter  VII.  — Concessions  of  dumps  and  scoriae 17 

Chapter  VIII. —General  mining  conditions 17 

Chapter  IX.— Cancellation  of  proceedings,  forfeiture  of  concessions,  and 

procedure  in  new  awards 20 

Chapter  X.— Reduction  works - 23 

Chapter  XL— Mines  reserved  by  the  State 23 

Chapter  XII. — Taxes  with  regard  to  mining , 24 

Chapter  XIII. — Authority  and  jurisdiction  in  mining. 25 

Chapter  XIV. — The  corps  of  mining  engineers _  27 

General  provisions . . 

Temporary  provisions _ . 28 

Final  provisions 28 

Royal  decree  of  June  24,  1868 -  31 

Regulations  for  the  execution  of  the  law  of  mines  of  July  6,  1859,  amended 

by  that  of  March  4,  1868 _ 33 

Chapter  I. — Objects  of  mining 33 

Chapter  II.— Trial  pits 36 

Chapter  III. — Mining  claims 38 

Chapter  IV. — Application  for  mining  claims  .  _ 

Chapter  V.  — Surveys  and  concessions  of  property. 47 

Chapter  VI.— General  galleries  for  explorations,  drainage,  and  transpor- 
tation   •  51 

Chapter  VII. — Concessions  of  dumps  and  scoriae 53 

Chapter  VIII. — General  mining  conditions 53 

Chapter  IX. — Cancellation  of  proceedings,  forfeiture  of  concessions,  and 

procedure  in  new  awards .  _ .  -  56 

Chapter  X.— Reduction  works 60 

Chapter  XI.— Taxes  with  regard  to  mining 60 

Chapter  XII.— Authority  and  jurisdiction  in  mining 60 

Chapter  XIII. — The  corps  of  mining  engineers 63 

General  provisions..  ... 63 

Final  provisions 68 

Transitory  provisions 68 

3 

381339 


4  CONTENTS. 

Page. 

Form  No.  1 ..  .. 68 

Form  No.  2...    69 

Form  No.  3 __  69 

Form  No.  4 _ 70 

Form  No.  5 71 

Form  No.  6_._ 72 

General  bases  for  the  new  mining  legislation,  approved  by  decree  of  Decem- 

.  ber29,  1868  ... I 75 

Classification  and  ownership  of  mineral  substances 75 

Explorations  and  claims 76 

Concession,  development,  and  forfeiture  of  mines 77 

Rights  and  duties  of.  miners 78 

General  provisions ...   - 79 

Appendix 83 

Order  of  May  18,  1869 83 

Order  of  May  9,  1870 ._ .. 83 

Order  of  November  30,  1870. _  _  84 

Law  of  July  24,  1871 ,. 85 

Royal  order  of  December  18, 1871 85 

Royal  order  of  September  18, 1872 86 

Royal  order  of  March  14, 1877 87 

Royal  order  of  May  6, 1881 88 

Royal  order  of  July  21,  1885 89 

Royal  order  of  June  30,  1887 89 


GENERAL  GOVERNMENT  OF  THE  ISLAND  OP  CUBA. 
OFFICE  OF  THE  SECRETARY. 


MINES. 

The  colonial  department,  under  date  of  October  10  last,  communi- 
cates the  following  royal  order  to  His  Excellency  the  Governor-General : 

"YOUR  EXCELLENCY:  His  Majesty  the  King  (whom  God  preserve) 
has  deemed  proper  to  issue  the  following  royal  decree  on  this  date : 
Upon  the  recommendation  of  the  secretary  for  the  colonies,  and  con- 
sulting the  council  of  secretaries,  I  hereby  decree  the  following: 

" '  ART.  1.  The  law  of  mines  enacted  for  the  Peninsula  on  July  6, 
1859,  and  the  general  bases  for  the  new  mining  legislation  approved 
by  decree  of  December  29,  1868,  are  declared  in  force  in  Cuba. 

"  '  ART.  2.  Said  provisions  shall  be  temporary  until  a  special  mining 
law  for  the  colonial  provinces  is  approved. 

"  '  Given  at  the  Palace  on  October  10,  1883. 

'"  ALFONSO. 
"'GASPAR  NUNEZ  DE  ARCE, 

" l  Colonial  Secretary.'' 

1 '  This  is  communicated  to  Your  Excellency  by  royal  order  for  your 
information  and  consequent  effects." 

And  His  Excellency  having  ordered  the  fulfillment  of  the  above  royal 
order  under  date  of  the  8th  instant,  by  his  order  it  is  published  in  the 
Gaceta  for  general  information. 

Habana,  November  14,  1883. 

M.    DIAZ   DE   LA   QUINTANA, 

Secretary  of  the  General  Government. 
Gaceta  of  November  23,  1883. 

Under  date  of  June  27  last,  the  colonial  department  communicates 
to  His  Excellency  the  Governor-General,  the  following  royal  order : 

"  YOUR  EXCELLENCY:  His  Majesty  the  King  (whom God  preserve) 
has  deemed  proper  to  issue  the  following  royal  decree  on  this  date : 

"  *  Upon  the  recommendation  of  the  colonial  secretary,  in  accordance 
with  the  report  of  the  council  of  state  in  full,  I  hereby  decree  the  fol- 
lowing : 

"  '  ART.  1.  In  order  to  avoid  any  doubt  as  to  the  interpretation  to 

5 


6  MINING    LAW    APPLIED   TO    CUBA. 

be  given  to  article  I  of  i^  £§yfri  decree  of  October  10, 1883,  extending 
to  the  island,  of  Cuba  the  mining  laws  in  force  in  the  Peninsula,  it  is 
declared  that  ski  dlegisl^tfoa  comprises  the  law  of  July  6, 1859,  amended 
by  that  of  March  4,  1868,  the  regulations  for  its  execution  of  July  24, 
1868,  and  the  general  bases  for  the  new  mining  legislation  of  Decem- 
ber 29  of  the  same  year,  as  well  as  the  orders  of  May  18,  1869,  May  9 
and  November  30,  1870,  the  law  of  July  24,  1871,  the  royal  order  of 
December  18  of  the  same  year,  the  royal  orders  of  July  29  and  Sep- 
tember 18,  1872,  the  orders  of  December  23, 1873,  May  9,  June  13,  and 
July  1,  1874;  the  royal  order  of  April  3,  1876;  that  of  March  14, 1877; 
those  of  May  4,  6,  and  17,  1881,  and  that  of  May  26,  1882,  which  pro- 
visions shall  be  understood  as  amended  by  the  provisions  contained 
in  the  following  articles. 

"  *  ART.  2.  Appeals  from  the  rulings  of  the  civil  governors  of  the 
provinces  and  consultations  with  the  Department  of  Fomento,  referred 
to  in  the  law,  shall  be  submitted  to  the  Governor-General  of  Cuba. 

"  '  ART.  3.  From  the  rulings  of  the  Governor-General  an  appeal  lies 
through  administrative  litigation  to  the  council  of  administration. 

"'ART.  4.  The  periods  for  the  institution  of  mining  proceedings 
shall  be  the  same  as  those  fixed  in  the  mining  law  which  has  been  in 
force  in  Cuba  up  to  the  10th  of  October  of  last  year,  by  virtue  of  the 
provisions  of  the  royal  decree  of  October  13,  1863. 

"  '  ART.  5.  The  deposit  to  be  made  by  each  register  of  a  mining  claim 
shall  be  sixty  pesos,  when  the  number  of  hectareas  does  not  exceed 
twelve ;  two  pesos  more  being  paid  for  every  additional  hectarea. 

" '  ART.  6.  Upon  the  return  of  the  registries  of  the  claims  surveyed 
by  the  engineers,  the  civil  governors  shall  order  that  the  persons  in- 
terested or  their  representatives  be  notified  at  once,  in  the  manner 
prescribed  in  article  40  of  the  regulations  of  June  24,  1868,  of  the 
number  of  claims  surveyed.  Within  the  period  of  fifteen  days, 
counted  from  that  following  the  notification,  the  persons  interested 
or  their  representatives  shall  pay  to  the  governors  of  provinces  the 
amount  of  six  dollars  in  tax  paper  for  each  set  of  papers  of  proceed- 
ings when  they  do  not  include  more  than  fifteen  hectareas,  if  the 
mineral  which  is  the  object  of  the  concession  were  iron,  mineral  coal, 
lignite,  peat,  asphaltum,  bituminous  or  carboniferous  clays,  sulphate 
of  soda,  rock  salt,  dross  or  dumps,  and  fifty  centavos  for  each  additional 
hectarea.  For  all  other  minerals  there  shall  be  paid  in  tax  paper, 
six  pesos  for  each  application  when  it  does  not  include  more  than  six 
hectareas,  and  one  peso  for  each  additional  one.  When  the  applica- 
tion includes  less  than  six  to  fifteen  hectareas,  respectively,  there 
shall  always  be  paid  six  pesos.  They  shall  deliver,  furthermore, 
within  the  same  period  and  also  in  tax  paper  the  amount  correspond- 
ing to  the  paper  on  which  the  title  of  ownership  is  to  be  drafted. 

"  'ART.  7.  With  regard  to  taxes  relating  to  mining,  referred  to  in 
Chapter  XII  of  the  law  of  July  6,  1859,  there  shall  be  applied  the  law 


MINING    LAW    APPLIED   TO    CUBA.  7 

of  July  24,  1871,  said  taxes  being  computed  iu  the  Island  of  Cuba,  as 
well  as  the  fines  prescribed  in  article  29  of  said  law,  in  the  proportion 
established  between  the  real  faerie  and  the  real  de  vellon,  but  there 
being  understood  as  in  force  in  the  Island  the  law  of  April  17,  1883, 
which  extended  all  mining  franchises  for  twenty  years  longer. 

"  'ART.  8.  In  the  exceptions  referred  to  in  articles  10  to  20  of  the  law 
of  July  6,  1859,  amended  by  that  of  March  4,  1868,  and  in  article  27 
of  the  Regulations  of  June  24  of  the  same  year  are  included  lands 
planted  in  sugar  cane,  coffee,  cotton,  tobacco,  cocoa,  or  in  any  other 
of  the  larger  cultivations  which  constitute  the  principal  wealth  of  the 
Island. 

"  'Given  at  the  Palace  on  June  27,  1884. 

"  'ALFONSO. 
'"MANUEL  AGUIRRE  DE  TEJADA, 

•' '  Colonial  Secretary.' 

"Which  I  communicate  to  Your  Excellency  by  royal  order  for  your 
information  and  consequent  effects." 

And  His  Excellency  having  ordered  its  fulfillment  on  June  28  last, 
it  is  published  by  his  order  in  the  Gaceta  for  general  information. 
Habana,  August  14,  1884. 

MARIANO  ARREDONDO, 
Secretary  to  the  Governor- General. 


MINING  LAW  OF  JULY  6,  1859,  AMENDED  BY  THAT  OF 

MARCH  4,  1868. 


CHAPTER  1. — TJie  objects  of  mining. 

ART.  1.  All  inorganic,  metalliferous,  combustible,  or  saline  sub- 
stances, calcareous  phosphates,  heavy  spar,  fluor  spar,  and  precious 
stones,  whether  found  in  veins  or  strata,  or  in  any  other  form,  pro- 
vided they  require  a  well-ordered  working  on  the  surface  or  under 
the  surface,  are  the  special  objects  of  mining. 

ART.  2.  The  ownership  of  the  substances  mentioned  in  the  fore- 
going article  is  vested  in  the  State,  and  no  one  may  dispose  thereof 
without  a  concession  from  the  Government,  issued  in  its  name  by  the 
governors  of  provinces. 

ART.  3.  Siliceous  and  calcareous  mineral  products,  sands,  clayey, 
magnesian,  and  ferruginous  ground,  chalk,  and  other  substances  of 
this  character  which  can  be  used  in  building,  agriculture,  or  the  arts, 
shall  continue  as  they  have  up  to  the  present  time  for  general  use, 
when  situated  in  lands  of  the  State  or  of  the  towns,  and  for  private 
use  when  the  land  is  private  property. 

The  substances  included  in  this  article  are  not  subject  to  the  for- 
malities nor  to  the  charges  of  this  law,  but  they  shall  be  under  the 
surveillance  of  the  administration  in  all  that  relates  to  the  police  and 
security  of  the  works. 

ART.  4.  The  working  of  the  substances  mentioned  in  the  foregoing 
article  shall  not  be  consented  to  without  the  special  permission  of  the 
owner,  when  the  land  is  private  property.  But  if  it  is  to  be  used  for 
pottery  works,  in  the  manufacture  of  crockery  or  porcelain,  of  fire 
brick,  crystal  or  glass,  or  any  other  branch  of  the  fabrile  industry, 
the  governors  may  grant  authorization  to  work  the  same  to  any  per- 
son requesting  it,  after  the  institution  of  proceedings  by  the  same 
with  a  hearing  of  the  owner  of  the  land  and  receiving  the  report  of  a 
mining  engineer  and  of  the  provincial  council. 

If  the  owner  of  the  land  binds  himself  to  work  the  land,  beginning 
to  do  so  within  the  period  fixed  by  the  governor,  which  shall  not  be  less 
than  three  months,  he  shall  be  preferred  to  strangers. 

ART.  5.  When  a  stranger  has  obtained  authority  to  work  any  of 
the  substances  referred  to  in  the  two  foregoing  articles,  he  shall 
indemnify  the  owner  of  the  estate  for  the  value  of  the  ground  which 

9 


10  MINING    LAW    APPLIED   TO    CUBA. 

he  may  have  to  occupy,  and  one-fifth  thereof  in  addition ;  and  he  shall 
also  pay,  in  a  proper  case,  the  damage  to  or  deterioration  in  value  of 
the  estate,  and  shall-  give  bond  to  answer  for  subsequent  losses  and 
damages  which  might  be  caused  in  the  future.  He  can  not  begin  the 
works  until  after  complying  with  these  requisites.  The  authorization 
shall  be  forfeited  if  the  concessioner  should  allow  one  year  to  elapse 
without  working  said  substances. 

ART.  6.  The  auriferous  and  stanniferous  sands  or  other  mineral 
products  of  rivers  and  placers  may  be  freely  utilized  without  the 
necessity  of  authorization  or  permission.  Only  when  the  workings 
are  made  in  fixed  establishments  shall  mining  claims  be  formed, 
according  to  the  third  paragraph  of  article  13. 

ART.  7.  Ferruginous  ground,  such  as  ocher  and  red  ocher,  shall  also 
be  for  general  use.  If  the  metallurgy  of  the  iron  requires  them  as 
prime  materials,  mining  claims  may  be  marked  off  according  to  the 
second  paragraph  of  article  13. 

CHAPTER  II. — Trial  pits. 

ART.  8.  Every  Spaniard  or  foreigner  may  without  restriction  make 
diggings  for  the  discovery  of  the  minerals  referred  to  in  article  1  in 
any  land  which  is  not  under  cultivation,  whether  belonging  to  the 
State  or  to  the  towns,  or  whether  of  private  ownership.  These  dig- 
gings, called  trial  pits,  can  not  exceed  an  excavation  of  2  lineal  meters 
square  and  1  meter  in  depth. 

ART.  9.  In  unirrigated  lands,  which  contain  trees  or  vines  or  are 
used  for  pastures  or  tillage,  the  permission  of  the  owner  or  of  his  rep- 
resentative shall  be  necessary  before  trial  pits  can  be  dug.  If  per- 
mission should  be  refused,  or  if  two  months  should  elapse  without  its 
being  granted,  the  person  requesting  it  may  apply  to  the  governor, 
who  shall  grant  or  refuse  it  after  hearing  the  persons  interested  and 
the  provincial  council,  and  if  he  should  consider  it  proper,  or  if  it  were 
requested  by  any  of  the  parties,  he  shall  hear  a  mining  engineer. 

ART.  10.  In  gardens,  orchards,  and  any  other  irrigated  lands  the 
owner  only  can  grant  permission  for  the  digging  of  trial  pits,  without 
further  remedy  or  appeal. 

A  person  who  should  request  permission  to  dig  trial  pits,  in  accord- 
ance with  this  article  or  the  foregoing,  shall  inform  the  mayor  within 
whose  jurisdiction  it  is  intended  to  dig,  for  the  proper  purposes  in 
due  time. 

ART.  11.  Whenever  the  owner  of  the  land  should  require  it,  the 
explorer  shall  be  obliged  to  first  give  security  for  the  indemnification 
of  the  damage  which  might  be  caused  by  the  trial  pit,  according  to 
agreement  or  appraisal,  and  he  shall  furthermore  be  liable  for  the 
payment  of  the  losses  and  damages  which  he  may  subsequently  cause 
to  the  estate. 

When  the  permission  to  dig  trial  pits  should  have  been  granted  by 


MINING    LAW    APPLIED    TO    CUBA.  11 

the  governor,  the  security  or  deposit  for  indemnities  shall  be  given  to 
his  satisfaction. 

ART.  12.  Xo  trial  pits  shall  be  dug  or  other  mining  workings  made 
at  a  distance  of  less  than  40  meters  from  a  building,  railroad,  road, 
canal,  well,  water  trough,  or  other  public  easement,  and  of  1,400  from 
fortifications,  unless  in  the  latter  case  authority  is  obtained  from  the 
military  authority,  and  in  other  cases  from  the  governor  if  public 
services  or  easements  are  affected,  or  of  the  owner  when  private  build- 
ings are  in  question. 

CHAPTER  III. — Mining  claims. 

ART.  13.  The  ordinary  mining  claim  is  a  solid  of  rectangular  base, 
300  meters  long  by  200  meters  wide,  measured  horizontally  in  the 
direction  indicated  by  the  interested  person,  and  of  an  indefinite 
vertical  depth.  The  surface  remains  the  property  of  the  owner  of 
the  land. 

In  mines  of  iron,  bituminous  or  anthracite  coal,  lignite,  peat, 
asphalt,  bituminous  or  carbonaceous  clay,  sulphate  of  soda,  and  rock 
salt,  each  claim  shall  be  500  meters  long  by  300  meters  wide. 

In  auriferous  or  stanniferous  sands  and  others  referred  to  in 
article  6,  a  claim  shall  include  60,000  square  or  superficial  meters, 
as  those  of  the  first  paragraph  of  this  article,  and  may  be  measured 
either  as  a  rectangle,  a  square,  or  a  series  or  group  of  squares  not 
less  than  20  meters  square,  arranged  with  reference  to  each  other  as 
the  claimant  may  determine,  but  without  leaving  intermediate  spaces 
between  the  squares. 

ART.  14.  If  there  should  be  a  belt  between  the  two  claims  and  an 
unappropriated  space  between  three  or  more  claims  in  which  a  rec- 
tangle may  be  measured,  the  horizontal  surface  of  which  is  not  less 
than  two-thirds  of  a  claim  of  the  same  character,  and  whose  longer 
side  does  not  exceed  300  meters  in  length  in  claims  arranged  accord- 
ing to  paragraph  1  of  the  preceding  article,  and  which  does  not  exceed 
500  meters  in  those  mentioned  in  the  second  paragraph  thereof,  there 
shall  be  formed  an  incomplete  claim,  and  it  shall  be  granted  to  who- 
soever may  solicit  the  same. 

ART.  15.  When  the  space  which  lies  between  two  or  more  claims 
should  not  permit  the  location  of  an  incomplete  claim  according  to 
the  foregoing  article,  it  shall  be  considered  as  a  surplus  and  shall  be 
awarded  to  the  owner  of  the  oldest  of  the  adjacent  mines,  or  should 
he  expressly  renounce  said  surplus,  it  shall  then  be  awarded  to  the 
owners  of  .other  adjacent  mines  in  the  order  of  their  priority. 

The  surplus  can  not  be  extended,  whatever  its  shape  or  form  may 
be,  to  a  larger  area  than  two-thirds  of  a  complete  claim,  of  its  class; 
should  there  be  an  excess  it  shall  constitute  two  or  more  surplus  por- 
tions. More  than  one  surplus  can  not  be  awarded  to  a  mine.  Should 
there  be  a  greater  number  they  shall  be  granted  successively  by  order 
of  their  priority  to  the  adjacent  mines. 


12  MINING    LAW    APPLIED    TO    CUBA. 

ART.  16.  Private  persons  and  companies  may  obtain  the  number  of 
claims  which  they  may  consider  necessary,  provided  more  than  two 
are  not  demanded  in  one  request  by  an  individual,  four  by  a  company, 
and  twice  this  number,  respectively,  for  the  mines  mentioned  in  the 
second  paragraph  of  article  13. 

They  may  also  form  at  will  large  groups  or  associations  of  mines 
without  prejudice  to  the  division  of  their  respective  claims. 

ART.  17.  Permission  for  exploration  may  include  the  same  number 
of  claims,  according  to  their  class,  mentioned  in  the  preceding  article. 

ART.  18.  The  area  included  in  a  single  claim  can  not  be  divided; 
but  if  the  concession  should  be  for  two  or  more  claims  the  latter  may 
be  separated  with  the  approval  of  the  governor. 

ART.  19.  Every  individual  or  company  may  freely  secure  by  pur- 
chase, or  by  other  legal  means,  any  number  of  mining  claims  before 
or  after  title  to  the  property  has  been  issued.  But  the  companies 
acquiring  the  same  shall  in  no  case  have  more  rights  than  their  original 
owners,  nor  can  they  as  companies  demand  a  larger  number  of  claims 
unless  there  should  be  some  unappropriated  land. 

CHAPTER  IV. — Application  for  mining  claims. 

ART.  20.  In  order  to  acquire  the  ownership  of  one  or  more  mining 
claims,  one  of  two  methods  may  be  employed,  namely,  exploration  or 
registration.  Both  in  explorations  and  registrations  the  priority  of 
the  application  confers  the  preferred  right  to  the  concession  and 
ownership.  The  application  for  exploration  or  registration  may  be 
filed  without  the  consent  or  knowledge  of  the  owner  of  the  land ;  but 
work  shall  not  be  commenced  without  the  requisites  and  conditions 
established  in  articles  9,  10,  11,  and  12  for  trial  pits. 

If  the  owners  of  gardens,  orchards,  and  irrigated  farms  through 
which  it  may  be  necessary  to  continue  the  works  started,  should  refuse 
permission  for  their  extension,  the  governor  may  grant  it,  with  the 
formalities  prescribed  in  articles  25  and  26,  as  soon  as  any  mineral 
has  been  discovered. 

ART  21.  Whosoever,  with  or  without  a  trial  pit,  proposes  to  explore 
and  examine  the  land,  undertaking  works  more  extensive  and  impor- 
tant than  trial  pits,  such  as  shafts,  tunnels,  ditches,  or  excavations, 
shall  file  his  application,  in  writing,  with  the  governor  of  the  province, 
requesting  permission  to  make  explorations  on  free  lands. 

Whosoever,  with  or  without  a  trial  pit,  prefers  to  register  one  or 
more  claims  on  free  lands,  shall  file  with  the  governor,  in  writing,  his 
application  for  registration,  stating  whether  or  not  he  has  discovered 
the  mineral  the  working  of  which  he  proposes  to  carry  on. 

Both  the  explorer  of  a  mine,  as  well  as  the  register,  shall  attach, 
at  the  proper  time,  a  surface  plan  of  the  claim  or  claims  which  they 
may  have  applied  for. 

ART.  22.  The  governor  shall  immediately  decree  the  approval  of 
either  petition,  unless  there  should  be  a  better  claim  to  the  same. 


MINING   LAW    APPLIED   TO    CUBA.  13 

The  petitions  shall  be  numbered  and  the  day  and  hour  of  their  filing 
shall  be  recorded  in  stub  books,  one  for  applications  for  explorations 
and  another  for  the  applications  for  registration,  which  each  inter- 
ested person  shall  sign,  to  whom  there  shall  then  be  delivered  the 
proper  receipt,  authenticated  by  the  chief  of  the  bureau  of  mines, 
stating  the  ordinal  number  pertaining  to  the  application. 

ART.  23.  The  governor  shall  order  that  the  application  for  explora- 
tion or  the  registry  be  published  within  three  days,  with  the  surface 
plans  of  the  same,  in  the  list  of  announcements  in  the  Boletin  Oficial, 
and  that  they  be  forwarded  to  the  mayor  of  the  town  for  the  posting 
of  edicts. 

ART.  24.  Within  sixty  days  after  the  publication  of  the  application 
for  exploration  or  the  registry  those  who  consider  themselves  as  hav- 
ing a  right  to  all  or  a  part  of  the  land  requested,  or  the  owners  of  the 
estate  claimed,  shall  present  to  the  governor  their  objections;  after 
this  period  they  shall  not  be  considered. 

The  governor  shall  immediately  inform  the  explorer  or  register  of 
the  objections,  who  shall  reply  to  the  same  within  ten  days;  then, 
within  twenty  days,  he  shall  make  a  report  to  the  provincial  council, 
and  all  this  shall  be  embodied  in  the  respective  proceedings,  hearing 
also,  when  necessary  in  the  opinion  of  the  governor,  and  within  a 
period  not  to  exceed  twenty  days,  the  engineer,  should  the  nature  of 
the  questions  require  it.  Immediately  thereafter  the  governor  shall 
render  the  proper  decision,  overruling  the  objections  presented  or  dis- 
allowing the  exploration  or  registry. 

These  decisions  shall  be  communicated  in  the  usual  manner  to  the 
persons  making  the  objections  and  to  the  others  interested,  and  shall 
be  published  in  the  Boletin  Oficial  with  an  account  of  the  proceedings. 
From  these  resolutions  an  appeal  lies  within  a  period  of  thirty  days 
to  the  department. 

ART.  25.  The  governor  shall  grant  permission  to  make  explorations. 

For  this  purpose  he  shall  order  that  a  mining  engineer  shall  examine, 
verify,  and,  in  a  proper  case,  correct  the  surface  plan,  and  in  view  of 
his  report,  and  taking  the  objections,  if  there  be  any,  into  considera- 
tion, the  governor  shall  render  a  decision  within  five  months  after  the 
presentation  of  the  petition  of  the  explorer. 

ART.  26.  From  the  decision  of  the  governor  granting  or  denying  the 
permission  for  the  exploration  an  appeal  lies  to  the  department,  which 
appeal  must  be  filed  within  thirty  days  after  being  notified  of  the 
decision  of  the  governor,  by  the  person  who  may  consider  himself 
prejudiced,  be  he  the  petitioner  or  one  of  the  objectors. 

If  no  appeal  is  filed,  the  permission  of  the  governor  shall  be  final. 

ART.  27.  Permission  to  make  explorations  is  for  the  time  fixed  by 
the  regulations. 

Before  obtaining  permission  the  explorer  may  make  the  same  legal 
works  which  in  the  following  article  are  fixed  for  a  register.  After 


14  MINING    LAW    APPLIED    TO    CUBA. 

obtaining  permission  lie  shall  continue  his  explorations  according  to 
the  conditions  prescribed  in  article  50. 

ART.  28.  The  register  shall  perform,  within  a  period  of  four  months 
from  the  date  of  the  presentation  of  his  registry,  the  legal  labor  of 
10  meters,  either  in  depth  by  means  of  a  shaft  or  horizontally  by 
means  of  a  tunnel,  ditch,  or  excavation. 

Every  register  may  aspire  to  convert  his  registry  into  an  exploration 
before  or  after  concluding  the  legal  labor.  The  governor  shall  grant 
said  permission  according  to  article  25. 

CHAPTER  V. — Surveys  and  concessions  of  property. 

ART.  29.  No  survey  shall  be  made  unless  it  appear  that  some  min- 
eral included  in  those  mentioned  in  articles  1,6,  and  7  has  been  dis- 
covered, according  to  the  opinion  of  the  engineer,  and  if  in  order  to 
make  said  survey  it  is  necessary  for  those  interested  to  include  proper- 
ties of  those  mentioned  in  article  10,  the  consent  of  the  governor  must 
previously  be  obtained  if  the  owner  thereof  should  not  give  his  con- 
sent. 

ART.  30.  Within  four  months  after  the  filing  and  admission  of  a 
registry,  the  applicant  shall  ask  for  the  survey  of  his  claim  or  claims, 
furnishing  samples  of  the  mineral  he  may  have  found,  except  in  case 
of  registry  by  forfeiture. 

The  explorer  who  at  any  time  may  find  sufficient  mineral,  accord- 
ing to  the  previous  article,  shall  also  furnish  samples  and  shall 
request  a  survey. 

ART.  31.  The  governor  shall  then  order  that  an  engineer  make  an 
investigation,  and,  if  proper,  the  survey  in  the  order  prescribed  by 
the  regulations. 

The  engineer  shall  perform  these  duties  within  a  period  of  four 
months,  which  the  governor  may  extend  to  six  months  if  serious 
obstacles  should  occur,  which  shall  be  reported  in  the  proceedings. 

Previous  notice  shall  be  given  to  the  register  or  explorer  of  the  time 
of  the  examination  and  survey  of  their  claims,  which  period  shall  be 
fixed  and  peremptory  within  limits  which  can  not  exceed  eight  da}~s, 
under  the  responsibility  of  the  commissioned  engineer.  The  owners 
of  the  adjacent  mines  shall  also  be  notified,  and,  furthermore,  the 
survey  shall  be  previously  announced  in  the  Boletin  Oficial. 

ART.  32.  If  the  examination  should  reveal  the  fact  that  the  legal 
labor  has  been  performed  or  that  there  is  free  land,  and  that  ore 
has  been  discovered  according  to  article  29,  the  engineer  shall  imme- 
diately survey  the  claim  or  claims  according  to  the  surface  plan, 
securing  samples  of  the  ore  and  designating  the  points  where  the 
bounds  or  landmarks  are  to  be  fixed,  which  shall  be  firm,  durable, 
and  easily  seen. 

If  the  engineer  should  find  the  surface  plan  defective  or  poorly 
made,  either  on  account  of  inaccuracy  of  the  measurements  or  by  the 


MINING    LAW    APPLIED    TO    CUBA.  15 

superimposition  of  some  part  of  another  claim  that  has  a  better  right, 
he  shall  correct  it  in  the  survey,  in  concurrence  with  the  interested 
person,  providing  there  can  be  found  free  land. 

ART.  33.  The  engineers  shall  avail  themselves  of  the  north  mag- 
netic pole  in  determining  directions,  but  shall  always,  when  possible, 
determine  the  position  of  the  mouth  of  the  mine  of  the  legal  work 
with  regard  to  stationary  and  visible  objects  on  the  land,  noting  their 
distances,  and  obliging  the  miners  to  constantly  preserve  their  land- 
marks subsequently  in  the  best  possible  condition. 

ART.  34.  When  the  examination  of  a  registry  for  the  purpose  of 
survey  reveals  the  fact  that  ore  has  not  been  discovered  according  to 
article  20,  the  governor  shall  declare  the  registry  void  and  the  land 
free,  unless  the  register  should  have  previously  applied  or  should 
apply  within  the  eight  days  following  the  examination  requesting  per- 
mission to  make  explorations  on  the  same  site.  In  such  case  the  pro- 
visions of  articles  25  and  28  shall  be  observed. 

ART.  35.  Complete  and  incomplete  claims,  surplus  lands,  boundary 
marks,  general  galleries,  dumps,  and  scoriae  shall  be  surveyed  in 
accordance  with  their  respective  conditions  according  to  articles  13, 
14,  15,  16,  17,  42,  and  47. 

The  explorer  may  demand  the  survey  of  the  claims  he  ma}*  have 
designated,  and  if  he  should  abandon  any  of  them  he  may  have  those 
surveyed  which  he  retains  in  the  order  most  convenient  for  him  within 
the  limits  of  the  surface  plans  he  may  formerly  have  made  for  all. 
The  surplus  land  shall  remain  free. 

ART.  3G.  Within  a  period  of  thirty  days  after  the  survey  the  gov- 
ernor shall  issue  a  decree  approving  or  annulling  the  proceedings, 
and  ordering,  in  the  former  case,  that  the  title  of  ownership  be  issued. 

ART.  37.  If  thirty  days  should  have  elapsed  without  an  appeal  hav- 
ing been  taken  from  the  resolution  of  the  governor,  he  shall  issue  the 
title  of  ownership  in  the  name  of  the  Government.  In  said  title  shall 
be  mentioned  the  general  conditions  of  the  law  and  regulations  and, 
in  a  proper  case,  the  special  conditions  required  for  the  convenience 
of  the  public,  in  view  of  the  nature  of  the  mineral  or  the  conditions 
of  the  land  and  of  the  company. 

But  in  each  case  these  special  conditions  shall  previously  be  sub- 
mitted for  consideration  to  the  Department,  which  shall  approve  them 
or  modify  them  if  it  considers  the  same  acceptable  in  their  essential 
features. 

If  any  of  the  conditions  imposed  should  be  objected  to,  the  same 
claim  or  claims  can  not  be  granted  to  another  company  or  individual 
except  under  the  same  conditions,  unless  the  original  claimant  shall 
voluntarily  renounce  his  preferred  right  to  the  same  in  writing. 

ART.  38.  After  the  title  of  ownership  has  been  issued  the  governor 
shall  order  its  immediate  delivery  to  the  interested  person,  and  shall 
.commission  the  respective  mayor  that  within  the  precise  term  of  two 


16  MINING    LAW    APPLIED    TO    CUBA. 

months  he  shall  give  possession  of  the  claim  or  claims  to  the  owner 
thereof  in  the  presence  of  the  clerk  or  secretary  of  the  municipal 
council. 

ART.  39.  The  concessions  of  mining  claims  are  for  an  unlimited 
time,  while  the  owners  comply  with  the  conditions  of  this  law  and 
the  special  conditions  contained  in  the  title  of  ownership. 

CHAPTER  VI. — General  galleries  for  explorations,  drainage,  and  transportation. 

ART.  40.  Whosoever  proposes  to  drive  a  tunnel  or  gallery  in  free 
lands  may,  should  he  consider  it  advisable,  request  the  concession  of 
a  group  of  mining  claims  under  the  conditions  of  article  16.  Should 
this  not  be  possible,  owing  to  said  tunnel  having  to  cross  lands  occu- 
pied in  whole  or  in  part  by  mines  already  granted  or  registered  or 
being  developed,  the  constructor  shall  be  obliged  to  previously  come 
to  an  agreement  with  the  other  persons  interested. 

ART.  41.  The  constructor  shall  present  his  petition  to  the  governor 
of  the  province,  with  the  plans  of  the  proposed  works  signed  by 
a  mining  engineer,  and  an  authenticated  copy  of  the  agreements 
made  with  the  miners  then  having  an  interest  in  the  land,  without 
regard  to  subsequent  questions  and  for  the  arrangement  of  reciprocal 
advantages. 

The  proper  publications  having  been  made,  the  governor,  according 
to  article  23,  shall  grant,  in  the  name  of  the  Government,  permission 
for  the  driving  of  general  tunnels,  specifying  the  technical  and  other 
conditions  that  it  may  be  advisable  to  impose  on  the  persons  interested, 
according  to  the  case. 

After  thirty  days  have  elapsed  without  an  appeal  having  been  taken 
from  the  resolution  granting  permission  to  drive  a  general  gallery 
the  governor  shall  order  that  possession  be  given  at  the  time  and  in 
the  manner  prescribed  in  article  38. 

ART.  42.  The  constructor  of  a  general  gallery  may  be  granted,  for 
drainage  purposes,  the  option  of  a  determined  number  of  claims 
selected  by  himself  from  among  the  free  or  undenounced  ones  on  the 
land  where  his  work  is  situated,  or  within  a  reasonable  distance  there- 
from. These  claims  shall  be  the  object  of  an  exploration  or  registry 
according  to  the  provisions  of  this  law  as  their  subterranean  works 
advance  until  they  are  passed,  with  the  privilege  of  refusing  those 
which  may  be  of  no  service  to  him. 

ART.  43.  The  works  of  a  general  gallery  shall  follow  the  line  or  lines 
indicated  in  the  concession,  and  if  in  any  case  the  constructor  should 
desire  to  change  the  direction  thereof  he  shall  request  permission, 
which  may  be  granted  after  proper  proceedings. 

ART.  44.  Every  owner  of  a  mining  claim  is  obliged  to  permit  the 
passage  of  a  general  gallery.  He  is  also  obliged  to  respect  the  sup- 
ports of  the  gallery,  abstaining  from  extracting  mineral  within  2 
meters  of  the  walls  of  said  tunnel  unless  he  should  properly  strengthen 
said  walls  at  his  own  expense. 


MLNIXG    LAW    APPLIED   TO    CUBA.  17 

The  price  for  the  services  of  drainage,  ventilation,  and  extraction 
furnished  by  the  constructor  of  a  tunnel  or  gallery  to  any  miner,  what- 
ever may  be  the  means  employed  for  the  purpose,  shall  be  agreed 
upon  by  mutual  consent,  and  if  an  agreement  can  not  be  reached,  by 
a  valuation  made  by  experts  named  by  both  parties  and  another 
appointed  by  the  governor,  who  shall  decide  the  question,  in  view  of 
the  expert  report  thereon,  taking  into  account  the  circumstances  of 
each  case. 

On  his  part  the  constructor  of  a  general  gallery  can  not  extract 
more  mineral  than  is  found  strictly  within  the  line  of  his  tunneling 
works,  the  extraction  thereof  being  at  his  own  expense,  and  if  he 
should  have  found  it  below  a  surveyed  claim  the  product  shall  be 
divided  equally  between  the  constructor  of  the  gallery  and  the  owner 
or  claimant  of  the  mine.  This  rule  shall  obtain  when  the  private 
agreement  shall  not  have  included  and  determined  all  questionable 
points  between  the  interested  persons. 

CHAPTER  VII. — Concession  of  dumps  and  sco^ice. 

ART.  45.  The  dumps  of  mines  and  the  scoria?  from  reduction  works 
shall  be  objects  of  concessions,  provided  that  they  are  abandoned. 

ART.  46.  The  petition  shall  be  addressed  to  the  governor,  accompa- 
nied with  a  statement  and  a  plan  signed  by  a  mining  engineer. 

The  legal  labor  shall  consist  in  digging  pits  or  shafts  in  different 
parts  of  the  patch,  having  the  necessary  dimensions  to  clearly  show 
the  character  and  condition  of  the  scoria  or  dump. 

ART.  47.  The  plans  and  surveys  of  scoria?  and  dumps  shall  be  in  the 
form  of  a  polygon  and  rectilinear,  as  the  petitioner  may  designate ; 
but  their  superficial  area  shall  not  exceed  the  double  of  a  claim, 
according  to  the  second  paragraph  of  article  13;  that  is,  300,000  square 
meters  for  one  person  or  company. 

The  institution  of  these  proceedings,  the  issue  of  titles  of  owner- 
ship, and  the  possession  of  dumps  and  scoria?  shall  take  place  in  the 
manner  prescribed  for  granting  registers  of  mining  claims. 

ART.  48.  When  a  person  who  is  not  their  owner  shall  request  per- 
mission to  work  a  mine  or  a  surveyed  claim  including  a  dump  or 
scoria,  the  owner  of  the  scoria  or  dump  shall  be  granted  preference 
in  the  working  thereof  should  he  consider  it  proper,  indicating  his 
purpose  within  thirty  days  after  receiving  notice. 

CHAPTER  VIII. — General  mining  conditions. 

ART.  49.  The  owners  and  explorers  of  mines  shall  work  them 
according  to  the  rules  of  the  industry,  and  shall  comply  with  the  pro- 
visions for  safety  and  police  which  may  be  fixed  in  the  regulations. 

Offenses  shall  be  punished  by  fines  not  to  exceed  100  escudos,  nor 
200  in  cases  of  repetitions.  Should  a  crime  also  have  been  committed, 
the  punishment  shall  be  in  accordance  to  common  law.  If  the 
24949 2 


18  MINING    LAW    APPLIED    TO    CUBA. 

miners  should  find  one  or  more  workable  minerals  different  from  that 
which  is  the  object  of  the  concession  or  exploration,  they  shall 
inform  the  governor  of  the  province  of  the  fact  for  the  purpose  of 
mining  statistics. 

ART.  50.  On  taking  possession  of  mining  claims,  dumps,  or  scoriae 
and  the  concessions  for  explorations,  there  shall  be  begun  in  the  said 
places  regular  work,  which  must  be  continued  for  at  least  one  hun- 
dred and  eighty-three  days  of  the  year. 

Mines,  dumps,  or  scoriae,  in  order  to  be  considered  as  working  or  in 
activity,  shall  have  four  laborers  per  claim  at  work  during  half  of  the 
year. 

ART.  51.  In  the  general  tunnels  or  galleries  it  is  required  that  a 
similar  amount  of  work  be  performed  from  the  date  of  taking  posses- 
sion thereof  as  that  prescribed  in  the  foregoing  article.  The  persons 
ordinarily  employed  must  be  at  least  the  number  required  for  a  min- 
ing claim,  without  prejudice  to  a  greater  number  of  laborers,  if  it 
should  have  been  stipulated  in  the  conditions  of  the  concession. 

ART.  52.  It  is  not  necessary  that  the  working  gang  be  distributed 
among  all  the  claims  included  in  a  mining  concession  or  exploration 
permit,  but  they  may  be  placed  where  in  each  case  the  interests  of 
the  company  may  demand. 

In  the  computation  of  the  work,  account  shall  be  taken  of  the 
mechanical  force  employed  and  the  labor  for  extraordinary  drainage 
from  unforeseen  inundations. 

The  owners  of  groups  of  mining  claims,  as  well  as  of  mines  and 
explorations,  who  may  have  two  or  more  mining  claims  united  shall 
also  enjoy  the  right  of  localizing  or  confining  their  works  at  the  point 
or  points  that  may  best  suit  them. 

This  right  is  extended  to  the  protection  and  guarding  of  the  prop- 
erty of  one  or  several  claims  belonging  to  the  same  owner,  which  are 
segregated  or  separated  in  the  same  valley  or  mining  region,  the 
working  gangs  of  which  shall  be  computed  and  added  to  the  point  or 
points  of  localization  and  accumulation  of  labor,  providing  that  the 
total  number  of  claims  segregated  or  separated  does  not  amount  to 
the  component  parts  of  the  principal  group  of  which  it  is  the  head. 

ART.  53.  The  least  amount  of  labor  which  must  be  performed  annu- 
ally on  each  claim,  or  on  the  corresponding  point,  if  there  should  have 
been  a  concentration  of  work,  as  a  proof  of  having  had  the  number  of 
laborers  prescribed  by  law,  shall  be  fixed  by  the  engineers  in  each 
particular  case,  taking  into  account  the  nature  of  the  land  and  all  the 
other  conditions  that  may  be  found  in  each  concession. 

If  the  miner  should  not  be  satisfied  with  the  official  declaration  of 
the  engineers  he  may  name  on  his  part  another  expert  to  examine  and 
appraise  the  labor,  and  in  case  of  disagreement  the  governor  shall 
name  a  third,  whose  decision  shall  be  final. 

When  the  difficulty  of  working  and  utilizing  the  products  of  a  mine, 
scoria,  or  dump  is  demonstrated,  after  a  report  of  the  engineer,  the 


MINING    LAW    APPLIED    TO    CUBA.  19 

governor  may  authorize  the  reduction  of  the  working  gang  to  half 
that  prescribed  by  article  50  for  a  period  of  two  years. 

ART.  54.  During  the  course  of  the  proceedings  registers  may  pursue 
their  mining  operations  at  their  pleasure;  but  if  objections  should  be 
made  all  work  shall  be  suspended  unless  a  bond  be  given,  at  the  dis- 
cretion of  the  governor. 

ART.  55.  Every  miner  shall  grant  permission  to  facilitate  the  ven- 
tilation of  adjacent  mines;  he  shall  permit,  for  an  indemnity,  if 
proper,  the  subterranean  passage  of  the  waters  of  said  mines  in  the 
direction  of  the  general  drainage,  and  shall  permit  on  the  surface  of 
his  claims  the  transit  that  may  be  necessary  for  the  service  of  other 
claims. 

The  losses  and  damages  caused  to  other  mines,  either  by  the  accu- 
mulation of  water  in  the  workings,  if  upon  notification  it  is  not 
drained  within  the  time  required  by  the  regulations,  or  in  any  other 
manner  injurious  to  foreign  interests  within  or  without  the  mines,  in 
workings  prior  to,  simultaneous  with,  or  subsequent  to  the  extraction 
of  minerals  or  zaffer,  shall  be  indemnified  by  private  agreement  or 
by  an  appraisal  by  experts  according  to  common  law. 

If  in  the  above  cases  or  in  those  of  indemnification  to  the  owner  of 
the  land  the  miner's  insolvency  should  be  legally  declared,  he  shall 
be  considered  as  an  intentional  offender  for  all  legal  purposes. 

ART.  56.  Miners  may  obtain  the  free  and  full  use  of  all  or  part  of 
the  surface  of  their  claims  for  warehouses,  workshops,  buddies,  reduc- 
tion works,  slag  and  waste  piles,  roads,  and  other  similar  purposes, 
all  within  the  strict  requirements  of  their  industry.  If  for  this  pur- 
pose they  can  not  agree  individually  with  the  owners  of  the  lands  with 
regard  to  the  space  they  propose  to  occupy  and  the  price  thereof, 
they  shall  petition  the  governor  of  the  province  for  the  immediate 
application  of  the  law  of  condemnation  of  property,  which  in  these 
cases  is  proper  and  which  shall  have  effect  within  two  months  with 
the  indemnities  established  in  article  5. 

If  the  roads  must  be  extended  or  opened  beyond  the  mining  claims, 
they  shall  be  subject  to  the  general  provisions  governing  the  same. 

ART.  57.  Miners  may  freely  dispose  in  the  same  manner  as  any 
other  property  of  any  rights  guaranteed  them  by  this  law.  There  are 
excepted,  however,  the  mineral  products  controlled  by  the  Treasury 
Department,  with  regard  to  which  the  special  orders  which  govern 
in  the  matter  shall  be  observed. 

ART.  58.  In  order  to  dispose  of  minerals  it  is  necessary  that  the 
miner  shall  have  obtained  the  title  of  ownership  to  his  claims. 

ART.  59.  The  scoriae  and  dumps  contained  in  mining  claims  are  the 
property  of  the  owners  of  the  latter,  providing  they  have  not  been 
granted  or  registered  by  others  before  their  registry. 

The  owners  of  mines,  tunnels,  and  general  galleries  have  the  use  of 
the  waters  found  in  their  works  while  they  retain  the  ownership  of 
their  respective  possessions.  However,  if  they  should  voluntarily  or 


20  MINING    LAW    APPLIED    TO    CUBA. 

involuntarily  cut  off  or  turn  aside  any  water  destined  to  irrigation  or 
to  the  supply  of  some  town,  the  water  shall  be  returned  to  its  former 
channel  and  the  losses  and  damages  indemnified,  with  civil  liability 
and,  in  a  proper  case,  criminal  liability. 

ART.  60.  Miners  shall  be  considered  as  residents  of  the  towns  within 
whose  boundaries  their  mines  may  be  situated  with  regard  to  the  use 
of  waters,  forests,  grazing  and  pasture  grounds,  and  other  common 
benefits  relating  to  their  industry,  subjecting  themselves  to  the 
observance  of  the  respective  municipal  ordinances. 

ART.  61.  The  registers  of  complete  or  incomplete  mining  claims,  of 
surplus  lands,  scoriae,  or  dumps,  and  those  who  request  the  privilege 
of  making  explorations,  shall  deposit  with  the  government  of  the 
province  the  amount  of  the  fees  which  are  fixed  in  the  regulations  to 
cover  the  official  expenses.  They  shall  also  pay  at  the  proper  time 
the  cost  of  the  issue  of  titles  of  ownership. 

ART.  62.  Whosoever  may  have  dug  a  trial  pit  and  then  abandoned 
it  is  obliged  to  refill  the  same,  and  may  be  compelled  to  do  so  by  the 
mayor  of  the  town  or  by  the  owner  of  the  land. 

The  register  or  explorer  who  may  abandon  their  projects  shall  give 
fifteen  days'  notice  to  the  governor,  and  must  close  their  shafts, 
under  the  penalty  of  a  fine  not  to  exceed  100  escudos. 

The  owner  of  mines  who  should  wish  to  suspend  work  and  abandon 
the  mines  shall  close  his  shafts  and  inform  the  governor  of  his  inten- 
tion one  month  in  advance,  under  the  penalty  of  a  fine  not  to  exceed 
100  escudos. 

The  governor  shall  order  an  engineer  to  examine  the  works  of 
whose  suspension  or  abandonment  he  has  been  advised,  in  order  that 
he  may  testify  or  report  on  its  condition  of  safety  and  whether  the 
shafts  are  sufficiently  inclosed. 

ART.  63.  Until  the  register,  explorer,  or  owner  of  a  mine,  scoria,  or 
dump  notifies  the  governor  of  his  suspension  or  abandonment  thereof 
he  shall  remain  .subject  to  the  prescriptions  and  charges  of  this  law. 

CHAPTER  IX. — Cancellation  of  proceedings,  forfeiture  of  concessions,  and  pro- 
cedure in  new  awards. 

ART.  64.  Cases  relating  to  mines,  scoriae,  and  dumps  shall  be  dis- 
continued and  lapse — 

First.  When  there  are  lacking  any  of  the  requisites  established  in 
this  law  for  registers,  viz : 

The  deposit  of  the  amount  fixed  by  the  regulations  to  cover  the 
official  expenses  and  pay  for  the  issue  of  titles  of  ownership. 

The  attachment  to  the  registry  of  a  surface  plan. 

The  performance  of  the  legal  labor. 

A  request  for  a  survey  within  the  fixed  period. 

Second.  When  an  action  is  instituted  to  enforce  the  payment  of 
the  surface  tax,  he  should  be  found  insolvent. 


MINING    LAW    APPLIED    TO    CUBA.  21 

In  cases  relating  to  permission  for  explorations  a  similar  method 
shall  be  employed,  with  the  difference  that  the  legal  labor  is  not  oblig- 
atory, but  the  petition  for  survey  shall  be  necessary  as  soon  as  min- 
eral may  have  been  discovered  according  to  articles  1,  6,  7,  and  30. 

Third.  When  any  of  the  registers  of  mining  claims,  spaces  between 
claims,  dumps,  or  scoria,  or  those  requesting  permission  to  explore, 
should  advise  the  governor  in  writing  that  he  has  abandoned  his  plan 
or  purpose. 

In  any  of  the  above  cases  the  governor  shall  declare  in  the  manner 
prescribed  in  the  regulations  that  the  case  is  closed  or  canceled,  and 
that  the  lands  of  the  mining  claims,  dumps,  scoria?,  or  explorations 
are  free  and  may  be  applied  for. 

ART.  65.  The  ownership  of  mining  claims,  dumps,  or  scoria?  is  lost 
and  forfeited : 

First.  When  the  conditions  of  the  concession  contained  in  the  title 
of  ownership  are  not  fulfilled  according  to  this  law  and  the  regula- 
tions for  its  execution. 

Second.  When,  by  the  lack  of  drainage  or  the  poor  management  and 
performance  of  the  works,  their  destruction  is  imminent,  provided  that 
when  notified  the  owner  does  not  strengthen  them  within  the  terms 
which  may  be  fixed,  and  according  to  the  instructions  of  the  engineer, 
approved  by  the  governor. 

Third.  When  the  surface  tax  prescribed  in  article  80  is  not  paid, 
and  when  action  is  instituted  to  enforce  said  payment,  he  should  be 
found  insolvent. 

Fourth.  By  abandonment,  the  rules  established  in  articles  50,  51, 
5:2,  and  53  not  being  observed. 

Fifth.  By  voluntary  renunciation,  relinquishing  the  claim  or  claims 
in  the  manner  prescribed  in  article  62. 

Those  who  may  have  obtained  permission  to  explore  can  not  be  dis- 
possessed, except  for  some  of  the  causes  specified  in  this  article,  and 
according  to  the  formalities  and  procedure  and  with  the  right  to  appeal 
prescribed  in  article  68. 

Notwithstanding  the  foregoing  provisions,  mining  companies  which 
may  have  invested  considerable  capital  may  suspend  their  work  for  a 
period  of  two  years  without  forfeiture,  provided  they  justify  their 
action  with  good  reasons,  such  as  the  depreciation  of  the  respective 
minerals,  the  increase  of  wages,  or  any  of  the  causes  specified  in  arti- 
cle 66.  For  this  purpose  they  must  address  the  proper  petition 
through  the  governor  to  the  secretary  of  the  interior  before  the  expi- 
ration of  six  months  after  suspending  their  work,  requesting  royal 
authority  to  suspend  the  same  for  two  years. 

When  in  the  ordinary  courts  there  is  pending  a  suit  between  the 
possessor  of  a  mine  and  another  litigant  the  latter  shall  not  lose  his 
right  to  the  property  of  the  mine  if  he  obtains  a  ruling  granting  it  to 
him,  even  though  the  former  may  have  made  a  formal  abandonment 


22  MINING    LAW    APPLIED    TO    CUBA. 

or  permitted  that  a  third  person  request  a  declaration  of  forfeiture 
thereof. 

ART.  66.  In  the  first  and  fourth  cases  of  the  foregoing  article  valid 
exceptions  shall  be  war,  famine,  or  an  epidemic  within  a  radius  of  60 
kilometers,  fire,  flood,  earthquakes,  and  bad  weather  which  prevents 
the  working  of  the  mines,  and  always  force  majeure  duly  proven. 

ART.  67.  From  the  decisions  of  the  governor  officially  declaring 
pending  cases  discontinued  and  forfeited,  according  to  article  64,  the 
person  interested  may  appeal  to  the  department,  in  accordance  with 
article  88,  within  thirty  days  after  the  notification. 

Without  prejudice  to  publishing  or  announcing  at  the  proper  time 
the  forfeited  proceedings,  the  governor  shall  insert  every  six  months 
in  the  Boletin  Oficial  a  list  of  the  mining  claims,  dumps,  or  scoriae 
declared  for  any  legal  cause  open  to  registry  during  that  period  of 
time. 

ART.  68.  In  the  cases  of  article  65  the  governors  shall  declare  the 
forfeiture,  after  proceedings  of  investigation  instituted  either  officially 
or  at  the  instance  of  another  by  means  of  a  registry. 

These  registries  of  mines  that  may  have  been  worked  in  former 
times,  or  for  which  titles  of  ownership  may  have  been  acquired  in 
recent  times,  shall  be  confined  to  a  petition  for  the  institution  of 
proceedings,  in  order  that  in  either  of  the  two  cases  when  forfeiture 
is  declared,  or  if  it  should  have  been  already  declared,  the  mine  be 
awarded  to  the  petitioner.  The  latter  shall  attach  to  the  registry  a 
plan  of  the  property,  and  after  the  forfeiture  has  been  declared,  or 
should  it  appear  that  it  was  previously  declared  forfeited,  he  shall 
request  a  survey  without  being  required  to  perform  the  legal  labor. 

The  former  concessioner,  who  in  consequence  of  such  registries  or 
by  official  proceedings  should  consider  himself  injured  in  his  rights 
by  the  declaration  of  forfeiture,  may  appeal  by  means  of  administra- 
tive litigation  to  the  provincial  council  within  a  period  of  thirty  days 
after  receiving  notice.  From  the  decision  of  the  provincial  council 
an  appeal  lies  to  the  council  of  state  within  sixty  days.  In  these  suits 
the  register  may  appear  as  a  coadjutor  of  the  administration. 

When  the  forfeiture  of  a  concession  of  a  mine,  dump,  or  scoria  has 
been  finally  decreed,  or  permission  to  explore  having  been  granted, 
or  the  closing  of  registry  proceedings  having  been  ordered,  the  gov- 
ernor shall  declare  that  such  lands  are  open  to  registry,  announcing 
the  same  to  the  public.  In  case  of  a  declaration  of  forfeiture  as  a 
result  of  a  registry  the  applicant  shall  have  the  preference  for  the 
survey  and  subsequent  possession  if  there  should  exist  undenounced 
land, 

ART.  69.  If  after  a  forfeiture  has  been  declared  it  should  suit  the 
new  register  to  use  the  buildings  of  the  forfeited  claim  or  claims,  or 
employ  the  machinery  that  there  may  be  thereon,  he  shall  have  the 
right  to  have  them  condemned  according  to  law. 

ART.  70.  In  claims  abandoned  for  a  period  of  ten  years  without 


MINING    LAW    APPLIED   TO    CUBA.  23 

being  registered  or  without  being  worked  anew,  the  lands  which  may 
have  been  occupied  for  mining  requirements  and  easements  and  the 
sites  of  buildings  rendered  unserviceable  for  their  original  purpose 
shall  fully  revert  to  the  owner  of  the  estate. 

CHAPTER  X. — Reduction  icorks. 

ART.  71.  Every  worker  of  minerals  in  stationary  establishments 
shall  enjoy  the  rights,  have  the  obligations,  and  be  subject  to  the 
indemnities  referred  to  in  chapter  8  of  this  law,  provided  that  the  pro- 
visions contained  therein  are  applicable  to  the  said  workings. 

ART.  7*2.  When  the  worker  can  not  agree  with  the  owner  of  the  land 
where  he  desires  to  build  his  reduction  works,  he  shall  apply  to  the 
governor,  in  order  that  the  proceedings  prescribed  by  the  law  of  emi- 
nent domain  being  instituted,  a  declaration  maybe  made  as  to  whether 
or  not  the  establishment  is  of  public  utility.  From  the  decision  of 
the  governor  either  the  manufacturer  or  the  owner  of  the  land  may 
appeal  to  the  department,  whose  decision  shall  be  final  and  can  not  be 
appealed  from. 

ART.  73.  When  high  or  smelting  furnaces  or  any  other  class  of 
reduction  works  are  to  be  established  which  require  waterfalls,  the 
authorization  of  the  governor  is  necessary,  after  proceedings  insti- 
tuted with  a  hearing  of  the  person  interested,  of  a  mining  engineer 
of  the  district,  of  another  engineer  of  roads,  and  of  the  provincial 
council. 

The  governor  can  not  delay  for  more  than  six  months  the  time  for 
instituting  and  deciding  the  proceedings. 

ART.  74.  All  that  relates  to  mineral-reduction  works  that  is  not 
determined  in  this  chapter  shall  be  governed  by  the  rules  of  common 
law  applicable  to  other  industrial  works,  the  sanitary  and  police  rules 
and  regulations  being  observed.  Consequently  the  damages  and 
impairments  caused  to  trees  and  sown  fields  by  the  gases,  smoke,  and 
sublimations  proceeding  from  the  furnaces  of  smelting  works  shall  be 
indemnified  by  the  owner  of  the  latter. 

CHAPTER  XI.—  Mines  reserved  by  the  State. 

ART.  75.  The  following  mines  are  reserved  to  the  State : 

The  quicksilver  mines  of  Almaden  and  Almadenejos. 

The  copper  mines  of  Riotinto. 

The  lead  mines  of  Linares  and  Falset. 

The  sulphur  mines  of  Hellin  and  Benamaurel. 

The  graphite  mines  situated  in  the  judicial  districts  of  Marbella. 

The  iron  mines  that  in  Asturias  and  Navarra  are  destined  to  the 
supply  of  the  national  factories  of  arms  and  munitions. 

The  coal  mines  situated  in  the  municipalities  of  Morcin  and  Riosa, 
in  the  province  of  Oviedo,  assigned  to  the  service  of  the  establish- 
ment of  Trubia. 


24  MINING    LAW    APPLIED    TO    CUBA. 

And  the  salt  mines  actually  worked  in  the  different  parts  of  the 
Kingdom. 

ART.  76.  The  mines  shall  preserve  the  same  area  they  now  have, 
and  the  secretary  of  fomento,  after  proceedings  and  a  hearing  of  the 
authorities  whom  he  may  deem  proper  to  consult,  shall  fix  in  a  defi- 
nite and  clear  manner  that  of  those  whose  boundaries  have  not  as  yet 
been  fixed. 

ART.  77.  Within  the  boundaries  of  the  mines  reserved  to  the  State 
no  one  shall  dig  trial  pits  nor  make  excavations,  except  by  order  and 
for  the  account  of  the  Government. 

Neither  may  concessions  of  mining  claims  or  scoriae  be  granted 
within  the  same  boundaries. 

The  minerals  not  developed  by  the  Government  are  excepted,  pro- 
vided the  works  be  established  at  a  distance  of  at  least  600  meters 
from  the  mines  and  establishments  of  the  State  in  operation. 

ART.  78.  The  dumps  and  scoriae  of  mines  or  factories  reserved  to 
the  State  can  not  be  worked  by  individuals  whatever  be  their  distance 
from  the  mine  or  establishment  from  which  they  came. 

ART.  79.  The  Government  can  not  alienate  or  acquire  mines  or 
scorise  without  being  authorized  thereto  by  a  special  law. 

CHAPTER  XII. — Taxes  with  regard  to  mining. 

ART.  80.  The  fixed  surface  tax  of  30  escudos  shall  be  paid  annually 
on  each  mining  claim  of  the  dimensions  mentioned  in  the  first  para- 
graph of  article  13. 

The  claims  of  the  second  paragraph  of  the  same  article,  even  though 
of  greater  dimensions  than  the  others,  shall  only  pay  20  escudos. 

The  scoriae  and  dumps  shall  pay  an  annual  tax  of  40  escudos  for 
every  40,000  square  meters  of  area. 

The  incomplete  claims  and  the  spaces  between  claims  shall  pa}-  in 
proportion  to  their  respective  areas. 

Permission  for  explorations  shall  pay  10  escudos  annually  for  each 
claim. 

General  galleries  shall  pay  the  tax  corresponding  to  the  mining 
claims  reserved  to  them  by  the  concession  from  the  day  on  which  they 
were  applied  for  or  exploration  was  begun  according  to  article  42. 

The  tax  shall  commence  to  be  counted  from  the  date  of  the  survey 
of  mining  claims  and  from  that  of  the  concession  of  permission  for 
explorations,  respectively. 

ART.  81.  The  mining  claims  actually  granted,  the  incomplete  claims, 
and  the  spaces  between  claims,  and  those  the  concession  of  which  is 
pending,  shall  enjoy  the  benefits  of  this  law,  applying  to  them  the  tax 
according  to  article  80  with  the  corresponding  discount  by  reason  of 
the  smaller  area  they  may  have,  compared  to  the  new  claims  herewith 
established;  but  those  pending  shall  also  be  subject  to  the  payment 
of  the  tax  from  the  day  on  which  the  present  regulations  go  into 
operation. 


MINING    LAW    APPLIED    TO    CUBA.  25 

ART.  82.  Mining  claims  of  iron  ore  shall  continue  exempt,  as  up  to 
the  present,  from  the  payment  of  an  annual  surface  tax  for  a  period  of 
twenty  years,  counted  from  the  publication  of  this  law. 

ART.  83.  All  ores  or  metals  of  whatsoever  character  may  be  exported 
to  foreign  countries,  but  shall  pay  on  their  leaving  the  Kingdom  the 
duties  fixed  in  the  tariff  law. 

In  the  same  law  there  shall  be  fixed  the  duties  which  mineral  coal 
and  other  foreign  mineral  products  are  to  pay  when  imported. 

ART.  84.  The  custom-house  duties,  which  in  accordance  with  the 
preceding  article  minerals  or  metals  are  to  pay  on  being  exported 
from  any  point  in  the  Kingdom,  shall  not  exceed  3  per  cent  of  their 
value,  without  any  deduction  of  expenses  of  any  kind.  Argentiferous 
lead  ores  shall  pay  the  exportation  duties  on  the  lead  as  well  as  on 
the  silver  which  they  contain.  For  this  purpose  there  shall  be  estab- 
lished by  the  Government,  in  order  to  simplify  custom-house  opera- 
tions, standards  of  the  respective  amount  of  silver  for  mining  districts, 
which  verification  and  correction  by  assays  for  its  specific  richness 
shall  be  performed  at  reasonable  intervals  of  time.  The  payment  of 
the  export  duties  on  the  lead  and  silver  in  argentiferous  lead  ores 
must  be  made  at  the  place  where  said  ores  leave  the  Kingdom,  and  the 
same  is  the  case  for  other  minerals  and  metals,  computing  their  value 
by  the  prices  they  bring  in  the  markets  where  produced.  For  this 
purpose  those  proceeding  from  points  removed  from  the  place  of  ship- 
ment or  exportation  shall  be  supplied  with  invoices  showing  their 
origin  or  value. 

Those  which  have  no  invoice  shall  pay  the  duties  according  to  the 
price  which  the  mineral  or  metal  may  bring  at  the  point  of  shipment 
or  departure. 

Iron  ore,  iron,  fossil  fuel  and  coke,  calamine,  zinc  blende,  and 
metal  zinc  are  exempt  from  the  payment  of  export  duties  for  twenty 
years,  for  which  period  this  exemption  was  fixed  in  the  law  of  July 
6,  1859. 

The  minerals  and  metals  not  worked  or  improved  are  exempt  from 
any  payment  of  duties  in  their  circulation  within  the  Kingdom,  which 
shall  be  perfectly  free. 

ART.  85.  The  mining  industry  can  not  be  charged  with  other  special 
taxes  aside  from  those  here  established.  The  metallurgical  industry 
shall  pay  the  industrial  tax  pertaining  to  its  class  and  profits. 

CHAPTER  XIII. — Authority  and  jurisdiction  in  mining. 

ART.  86.  All  proceedings  instituted  in  order  to  obtain  mining  con- 
cessions are  purely  administrative.  They  shall  be  passed  upon  and 
closed  by  the  governors. 

ART.  87.  The  governors  shall  hear  the  provincial  councils  in  all  the 
cases  prescribed  in  this  law,  and  whenever  the}*  consider  it  proper, 
including  the  reports  of  said  corporation  in  the  proceedings. 


26  MINING    LAW    APPLIED    TO    CUBA. 

ART.  88.  Every  provision  or  measure  taken  by  the  governors  in 
mining  matters  may  be  administratively  appealed  from  to  the  Depart- 
ment of  the  Interior  by  the  person  who  considers  himself  prejudiced, 
but  the  appeal  must  be  forwarded  through  the  respective  governor, 
who  shall  attach  his  report  thereto,  giving  a  receipt  to  the  interested 
person. 

Decisions  declaring  forfeiture  according  to  article  68  are  excepted, 
in  which  cases  an  administrative  appeal  lies  to  the  provincial  council, 
with  an  appeal  to  the  council  of  state  by  the  former  concessioner. 

Both  appeals  must  be  filed  within  the  period  of  thirty  days. 

The  department  shall  hear  the  superior  mining  technical  board  and 
the  council  of  state  when  it  considers  it  advisable,  taking  care  that 
the  subjects  consulted,  if  they  might  lead  to  suits  involving  the  Gov- 
ernment, be  heard  alone  by  the  section  of  the  interior  of  the  said 
council. 

ART.  89.  With  reference  to  royal  orders  relating  to  mining,  an 
appeal  lies  to  the  council  of  state  by  administrative  litigation— 

1.  From  the  resolutions  confirming  or  rejecting  the  permission  or 
refusal  of  the  governors  to  make  explorations. 

2.  From  those  confirming  or  rejecting  the  decisions  rendered  by  the 
governors  granting  or  refusing  the  ownership  of  mines,  scoriae,  dumps, 
or  general  galleries. 

3.  From  those  declaring  the  forfeiture  of  a  concession. 

ART.  90.  The  appeals  through  administrative  litigation  referred  to 
in  the  foregoing  article  may  be  filed  by  those  interested  in  the  resolu- 
tions, with  regard  to  which  they  have  this  remedy,  as  well  as  by  any 
others  who  within  the  legal  period  may  have  presented  their  protests 
to  the  governors,  in  order  that,  according  to  articles  36  and  46,  they 
may  be  united  to  the  respective  proceedings. 

ART.  91.  The  period  for  taking  an  appeal  to  the  council  of  state  is 
limited  to  thirty  days. 

ART.  92.  Whosoever  may  institute  proceedings  in  mining  or  metal- 
lurgical matters  must  have  a  representative  in  the  capital  of  the 
respective  province.  In  the  absence  of  the  principal  and  of  his  agent, 
the  publication  of  a  ruling  in  the  Boletin  Oficial  shall  have  the  same 
legal  effect  as  a  personal  notification. 

ART.  93.  The  cognizance  in  administrative  litigation  of  questions 
instituted  between  the  administration  and  the  concessioners  with 
regard  to  the  interpretation  and  fulfillment  of  the  conditions  fixed  in 
the  concession  appertains  to  the  provincial  councils,  an  appeal  lying 
to  the  council  of  state. 

ART.  94.  The  ordinary  courts  shall  take  cognizance  of  all  questions 
relating  to  mines,  scoriae,  dumps,  tunnels  or  galleries,  and  reduction 
works  that  may  be  instituted  between  parties  with  reference  to  own- 
ership, profits,  and  debts,  as  well  as  of  the  ordinary  crimes  which 
may  be  committed  in  the  said  establishments  and  their  dependencies. 


MINING    LAW    APPLIED    TO    CUBA.  27 

The  intervention  of  the  ordinary  courts  shall  not  interfere  with  the 
progress  of  the  administrative  prosecution  of  proceedings,  nor  the 
prosecution  of  the  works.  In  suits  against  mining  establishments  for 
debt,  an  attachment  of  all  or  part  of  the  output  may  be  ordered, 
and  also,  in  a  proper  case,  an  execution  on  and  sale  of  the  establish- 
ments themselves;  but  this  judicial  proceeding  shall  not  impair  the 
workings,  supports,  drainage,  and  ventilation  of  the  mines  attached 
nor  of  the  neighboring  ones. 

The  governor  of  the  province  shall  exercise  a  surveillance  over  this 
subject. 

ART.  95.  The  courts  competent  to  take  cognizance  of  cases  of  fraud 
against  the  interests  of  the  public  treasury  shall  also  have  jurisdic- 
tion in  those  relating  to  fraud  in  the  payment  of  mining  taxes  and  in 
the  shipment  of  minerals  and  metals  without  the  proper  invoice. 

CHAPTER  XIV. — The  corps  of  mining  engineers. 

ART.  96.  The  corps  of  mining  engineers  shall  continue  in  charge  of 
the  technical  direction  of  the  mining  establishments  reserved  to  the 
state,  and  of  the  scientific  commissions  relating  to  their  profession, 
with  the  other  attributes  and  obligations  pertaining  to  the  same  by 
virtue  of  this  law,  and  assigned  to  them  in  the  regulations. 

A  subordinate  corps  shall  assist  them  in  their  labors. 

The  superior  technical  board  of  mines  shall  make  a  report  to  the 
department  whenever  consulted  with  regard  to  the  proceedings  in 
their  department  and  also  on  all  that  may  contribute  to  advance  and 
perfect  the  mining  industry. 

GENERAL  PROVISIONS. 

1.  The  working  of  every  bituminous  or  anthracite  coal  mine  shall 
be  directed  by  an  authorized  engineer  or  expert,  who  shall  care  for  the 
good  order  and  security  of  the  workings;  in  the  other  mines  and 
mining  establishments  the  owners  may  employ  the  engineers  or  experts 
whom  they  may  choose. 

Workings  on  a  small  scale  for  local  consumption  of  the  bituminous 
or  anthracite  coal  mines  are  exempt  from  these  obligations. 

2.  In  all  mines  and  mining  establishments  the  Government  shall 
exercise,  by  means  of  a  corps  of  engineers,  the  surveillance  or  inspec- 
tion necessary  to  enforce  compliance  with  this  law,  subject  to  the 
regulations. 

3.  The  concessions  and  authorizations  granted  according  to  the 
royal  decree  of  1825  and  the  law  of  1849,  with  the  subsequent  expla- 
nations, shall  continue  in  their  actual  status,  provided  that  the  con- 
ditions under  which  they  were  issued  be  exactly  fulfilled,  entering 
immediately  on  the  enjoyment  of  all  the  advantages  which  this  law 
extends  to  them,  provided  third  persons  are  not  prejudiced  thereby. 

4.  The  iron  mines  which  by  burdensome  concessions  belong  to  in- 


28  MINING    LAW    APPLIED    TO    CUBA. 

dividuals  and  those  which  up  to  the  present  have  been  freely  utilized 
and  are  being  worked  shall  continue  in  the  same  condition,  without 
a  registry  or  exploration,  according  to  this  law,  being  required. 

5.  All  the  periods  of  time  which  are  fixed  in  this  law  shall  begin  to 
be  counted  from  the  day  following  that  of  the  administrative  notifica- 
tion, that  of  the  citation  or  publication  in  the  Boletines  Oficiales,  or 
that  of  the  insertion  in  the  same  of  the  resolutions  of  authorities  as 
will  be  specified  in  the  regulations. 

TEMPORARY  PROVISIONS. 

1.  The  individuals  or  companies  which  may  have  obtained   the 
property  of  mining  claims  according  to  the  foregoing  law  may  acquire 
a  larger  number  of  contiguous  claims  in  free  land,  petitioning  for  the 
same  as  provided  in  article  16. 

2.  The  proceedings  pending  on  the  publication  of  this  law  shall  be 
concluded  according  to  the   procedure  established  therein   as  the 
shortest  and  most  expeditious,  unless  the  interested  persons  should 
declare  in  writing  to  the  respective  governors  that  they  prefer  the 
former  procedure,  within  sixty  days  of  the  publication  of  this  law. 

FINAL  PROVISION. 

All  laws,  instructions,  and  regulations  relating  to  mining  prior  to 
the  publication  of  this  law  are  hereby  repealed. 

The  Government  shall  publish  as  soon  as  possible  the  regulations 
necessary  for  its  enforcement  and  exact  execution. 

Therefore,  we  order,  etc. 

Given  in  the  Palace  on  July  6,  1859. 


REGULATIONS  FOR  THE  EXECUTION  OF  THE  LAW  OF  MINES  OF 
JULY  6,  1859,  AMENDED  BY  THAT  OF  MARCH  4,  1868, 


29 


ROYAL  DECREE. 


In  view  of  the  reasons  submitted  to  me  by  the  secretary  of  the 
interior,  and  after  hearing  the  full  council  of  state, 

I  hereby  approve  the  annexed  regulations  for  the  execution  of  the 
law  of  mines  of  July  6,  1859,  amended  by  that  of  March  4  last. 
Given  at  the  Palace  on  June  24,  1868. 
Rubricated  by  the  Royal  hand. 

SEVERO  CATALINA, 

Secretary  of  the  Interior. 
31 


CHAPTER  I. — Objects  of  mining. 

ART.  1.  The  special  objects  of  the  mining  industry  are  all  the  sub- 
stances mentioned  in  article  10  of  the  law,  whether  found  in  veins, 
strata,  pockets,  or  in  any  other  form,  providing  that  their  working 
and  profit  require  well-  ordered  workings  on  the  surface  or  under  the 
surface,  according  to  the  conditions  of  the  industry. 

ART.  2.  When  in  petitions  for  mining  concessions  the  substances 
to  which  reference  is  made  in  article  10  of  the  law  are  confounded 
with  those  mentioned  in  article  30,  the  governors  shall,  on  the  pre- 
sentation of  the  petition,  take  the  proper  steps  in  order  that,  being 
drafted  in  explicit  terms  and  according  to  the  nature  of  the  substance 
to  be  worked,  the  procedure  prescribed  in  the  law  for  the  different 
cases  referred  to  in  articles  1  and  3  may  be  observed. 

If,  after  the  expert  report  has  been  received,  there  should  arise  any 
reasonable  doubt  as  to  the  nature  of  the  substance  which  it  is  pro- 
posed to  develop,  or  when  the  respective  owners  of  the  land  should 
raise  doubts  before  the  expiration  of  the  period  fixed  for  the  admis- 
sion of  objections  to  the  mining  petitions  included  in  article  1  of  the 
law,  and  before  the  survey  with  regard  to  petitions  for  mineral  prod- 
ucts mentioned  in  article  3,  the  governors  shall  suspend  the  course  of 
the  respective  proceedings  and  shall  immediately  inform  the  depart- 
ment of  the  interior,  requesting  the  proper  decision  in  view  of  the 
reports  of  the  technical  mining  board  and  of  the  section  of  Govern- 
ment and  of  the  interior  of  the  council  of  state. 

These  decisions  shall  be  final,  from  which  there  shall  be  no  subse- 
quent appeal.  They  shall  be  published  in  the  Gaceta  and  shall  serve 
as  precedents  for  future  cases. 

ART.  3.  The  mineral  productions  mentioned  in  article  3  of  the  law 
shall  be  of  free  utilization  if  the  owner  of  the  land  consent  thereto, 
and  among  which  shall  be  considered  as  included  steatite,  commonly 
known  as  tailor's  chalk,  even  in  cases  applying  to  potter's  productions, 
the  making  of  crockery  or  porcelain  and  fire  brick,  crystal  or  glass,  or 
any  other  branch  of  the  f abrile  industry ;  and  only  for  these  purposes, 
when  the  owner  should  refuse  his  consent,  may  the  governor  grant 
authority  to  develop  the  same,  after  the  institution  of  proceedings  in 
the  manner  and  with  the  formalities  the  law  prescribes  in  article  4. 
24949 3  33 


34  MIKING    LAW    APPLIED    TO    CUBA. 

For  the  purposes  of  the  said  article  of  the  law  and  of  the  following 
one,  by  development  shall  be  understood  the  extraction  and  aliena- 
tion or  assignment  of  the  mineral  products  to  which  they  refer,  even 
though  the  owner  of  the  lands,  or  the  concessioner  in  a  proper  case, 
should  be  neither  the  industrials  nor  the  manufacturers  who  imme- 
diately apply  them  to  the  uses  indicated  in  the  preceding  paragraph. 

ART.  4.  The  proceedings  instituted  in  order  to  grant  authority  to 
develop  the  mineral  products  named  and  indicated  in  article  3  of  the 
law  shall  commence  with  the  petition  presented  by  the  interested  per- 
son, drafted  in  accordance  with  the  formula  contained  in  Form  No.  1. 

The  governor  shall  order  that  the  proper  notice  be  given  to  the 
owner  of  the  land,  in  order  that  he  may,  as  such  owner,  within  a  period 
of  fifteen  days,  set  forth  the  reasons  for  refusing  permission  for  the 
development,  or  state  whether  he  binds  himself  to  do  so  on  his  own 
account. 

In  the  latter  case,  the  governor  shall  at  once  fix  a  period  within 
which  the  owner  of  the  land  must  commence  the  development,  which 
shall  not  be  less  than  three  nor  more  than  six  months.  During  the 
period  which  may  be  fixed  the  petition  for  authorization  shall  remain 
in  suspense. 

If  the  owner  of  the  land  within  a  period  of  fifteen  days  should  not 
state  anything  with  regard  to  binding  himself  to  make  the  develop- 
ment oil  his  own  account,  it  shall  be  considered  that  he  renounces  his 
right  to  do  so ;  and  in  such  case,  as  well  as  in  the  case  of  his  refusing 
to  develop  the  land  of  his  property,  with  a  statement  of  the  reasons 
on  which  he  bases  his  refusal  to  consent  to  the  development  by  a  third 
person,'  and  also  in  the  event  that  he  should  have  allowed  the  period 
fixed,  according  to  the  provisions  of  the  foregoing  article  to  elapse, 
without  commencing  the  work  of  development,  the  proceedings  shall 
continue,  hearing  the  opinion  of  the  engineer  of  mines  and  that  of  the 
provincial  council,  and  the  governor  shall  render  a  decision  granting 
or  refusing  the  authorization.  .  - 

An  appeal  from  this  decision  lies  to  the  department  of  the  interior 
(ministerio  de  fomento)  within  a  period  of  thirty  days. 

ART.  5.  When  the  concession  of  authorization  is  executed,  the  gov- 
ernor of  the  province  shall  take  the  proper  steps  in  order  that  the 
lands  to  be  occupied  be  immediately  appraised  and  that  their  owner 
be  at  once  paid  the  appraised  value  of  the  land  and  one-fifth  more, 
and  that  the  bond  referred  to  in  article  5  of  the  law  be  given. 

The  appraisal  shall  be  made  by  experts  appointed  by  the  persons 
interested  and  in  case  of  disagreement  by  a  third,  appointed  by  the 
governor  when  the  others  are  appointed  by  the  former.  For  this 
purpose  due  notice  shall  be  given  to  said  official  of  the  appointments 
made,  and  the  latter  shall  notify  them  immediately  of  the  appoint- 
ment of  the  third  one. 

The  bond  shall  be  fixed  by  the  governor  after  hearing  the  provincial 
council. 


MINING    LAW    APPLIED    TO    CUBA.  35 

ART.  6.  The  indemnity  having  been  paid  and  the  bond  referred  to 
in  article  5  of  these  regulations  having  been  filed,  the  governor  shall 
order,  without  the  slightest  delay,  that  the  land  be  surveyed  by  the 
proper  engineer. 

The  land  surveyed,  which  shall  never  include  more  than  20,000 
square  meters,  shall  have  within  these  limits  the  area  that  the  peti- 
tioner may  request,  and  the  shape  he  may  desire  to  give  to  it,  pro- 
viding that  it  be  polygonal  and  with  the  least  possible  number  of 
sides.  A  rectangular  parallelogram  shall  be  considered  the  most 
perfect  and  preferable. 

The  engineer  shall  prepare  two  topographical  plans  of  the  land  that 
is  to  be  developed,  one  of  which  shall  be  included  in  the  pioceedings 
and  the  other  shall  be  delivered  to  the  person  interested.  These  plans 
shall  be  prepared  with  the  greatest  possible  exactness,  and  they  must 
show  the  limits  of  the  ground  granted  for  development,  fixing  the 
starting  point,  which  must  be  so  situated  as  to  determine  in  a  con- 
venient and  invariable  manner  its  true  situation  and  to  recognize  it 
always  without  doubt  or  confusion. 

If,  when  the  land  is  surveyed,  there  should  result  some  differences 
in  the  land  included  in  its  perimeter  and  that  which  was  the  object  of 
the  appraisal,  indemnity,  and  bond,  the  appraisal  shall  be  corrected 
by  the  same  experts  if  possible,  or  otherwise  by  others,  selected  in  the 
same  manner  as  the  former  ones.  Until  the  corrections  have  been 
made,  and  the  payments  also,  if  the  concessioner  should  make  any, 
or  until  the  amount  thereof  has  been  deposited  in  the  manner  estab- 
lished in  the  following  article,  work  can  not  be  commenced. 

ART.  7.  When  any  of  the  parties  fails  to  appoint  an  expert,  the 
governor  shall  do  so  in  his  default. 

The  survey  shall  not  be  suspended,  nor  shall  obstacles  be  placed  in 
the  way  of  the  labors  necessary  for  the  development,  by  reason  of  the 
disagreement  of  the  interested  parties  with  the  appraisals  of  the  two 
experts,  or  with  that  of  a  third,  in  case  of  the  disagreement  of  the 
other  two. 

When  this  occurs  the  individual  to  whom  the  authorization  to 
develop  has  been  granted  shall  deposit  in  the  general  treasury  or  in 
its  subdepositories  the  appraised  value  of  the  indemnities,  with  the 
increase  to  which  reference  is  made  in  article  5  of  the  law,  the  pay- 
ment of  the  amounts  which  correspond  to  the  indemnities  being 
reserved  until  the  appeals  entered  by  the  parties  have  been  decided  in 
due  form,  in  accordance  with  the  provisions  contained  in  article  84  of 
these  regulations. 

ART.  8.  The  forfeiture  of  the  authorization,  if  the  concessioner 
should  allow  one  year  to  elapse  without  developing  the  substances 
referred  to  in  articles  3  and  4  of  the  law  in  order  to  comply  with 
article  5,  shall  be  officially  declared  or  at  the  instance  of  a  party  by 
the  governor  of  the  province.  There  shall  be  considered  as  parties 


36  MLNING   LAW   APPLIED   TO    CUBA. 

for  the  purpose  of  requesting  a  declaration  of  forfeiture  the  owner 
of  the  land,  as  well  as  any  other  interested  persons  who,  with  his  con- 
sent or  without  it,  desire  to  develop  said  substances  in  the  same  site 
or  place. 

From  the  declarations  which  may  be  made  by  the  governor  in  pro- 
ceedings for  forfeiture  of  authorization  an  appeal  lies  to  the  depart- 
ment of  the  interior;  but  against  this  resolution  of  the  Government, 
in  which  shall  be  first  heard  the  proper  section  of  the  council  of  state, 
there  is  no  subsequent  remedy. 

ART.  9.  Proceedings  for  permission  to  work  auriferous  and  stannif- 
erous sands  or  other  mineral  products  of  the  rivers  and  placers, 
when  they  are  to  be  worked  in  fixed  establishments  and  form  mining 
claims,  may  be  instituted  without  the  construction  of  the  reduction 
works  being  required  before  the  petition  is  made,  it  being  sufficient 
that  the  works  be  commenced  within  a  period  of  one  month,  counted 
from  the  date  on  which  said  petition  was  presented. 

Nevertheless,  the  concession  can  not  be  granted,  neither  can  the 
proceedings  be  definitely  approved,  until  it  is  proven  within  the  period 
fixed  by  the  governor  in  each  case  that  the  reduction  works  have 
been  concluded,  or  at  least  ready  to  begin  their  labors. 

ART.  10.  In  cases  where  the  treatment  of  iron  demands  as  prime 
material  the  ferruginous  earths  referred  to  in  article  7  of  the  law,  the 
proceedings  shall  be  instituted  immediately  as  all  others  in  which  a 
concession  or  mining  claim  is  desired  without  it  being  necessary  to 
prove  the  existence  of  fixed  reduction  works,  nor  that  the  explorers 
built  them,  being  considered  in  this  case  under  similar  conditions  as 
mines  where  the  substances  enumerated  in  article  1  of  the  law  are 
found. 

CHAPTER  II. — Trial  pits. 

ART.  11.  The  privilege  of  making  diggings,  called  trial  pits,  in  order 
to  discover  minerals,  granted  by  article  8  of  the  law,  when  the  lands 
should  not  be  destined  to  cultivation,  shall  be  extended  under  similar 
conditions  to  the  lands  described  whether  they  belong  to  the  State  or 
to  the  towns  or  are  private  property. 

ART.  12.  The  petitions  which  may  be  presented  to  the  governor  of 
the  province  in  cases  in  which  authorization  is  desired  to  dig  trial 
pits  in  nonirrigated  lands  containing  trees  or  vineyards,  or  which  are 
destined  to  pasture  or  tillage,  when  the  owner  or  his  representative 
has  refused  his  consent,  or  two  months  should  have  passed  without 
granting  it,  immediate  notice  shall  be  given  to  the  owner  and  a  period 
of  fifteen  days  shall  be  granted  him  in  which  to  state  the  reasons  for 
his  refusal  or  silence.  When  this  period  shall  have  elapsed  without 
any  reply  it  shall  be  considered  that  he  renounces  his  right  to  be  heard 
granted  him  by  article  9  of  the  law.  The  petitions  shall  be  drafted 
according  to  Form  No.  1,  with  the  proper  changes. 


MINING    LAW    APPLIED    TO    CUBA.  37 

ART.  13.  From  the  decision  of  the  governor  of  the  province  refusing 
to  grant  authority  to  dig  trial  pits,  which  are  referred  to  in  article  9 
of  tli e  law,  an  appeal  lies  through  the  said  authority  to  the  Depart- 
ment of  the  Interior;  but  the  decision  of  the  latter  shall  be  final, 
without  further  remedy. 

ART.  14.  Those  who  request  permission  of  the  owner  of  the  land  to 
dig  trial  pits,  in  the  cases  referred  to  in  articles  9  and  10  of  the  law, 
shall  inform  the  mayor  within  whose  district  the  trial  pit  is  situated. 
The  mayor  shall  make  a  memorandum  in  writing  on  said  communica- 
tion of  the  date  of  its  presentation,  clearly  written  out,  and  shall 
deliver  to  the  person  interested  who  signed  it,  or  to  his  legal  and 
accredited  representative,  a  receipt,  which  shall  be  proof  of  the  proper 
notice  having  been  given  to  the  local  authority. 

ART.  15.  In  order  to  obtain  a  mining  property  or  concession,  in  no 
case  can  priority  be  alleged  which  is  based  on  the  dates  of  the  peti- 
tions to  dig  trial  pits  or  on  the  dates  of  their  presentation  or  on  the  evi- 
dence of  witnesses,  or  of  any  other  character  with  which  it  is  attempted 
to  prove  the  time  when  the  trial  pit  was  dug,  even  though  lands  in 
which  exploration  is  declared  free  by  the  law  should  be  in  question. 

ART.  16.  The  owners  of  lands,  whether  uncultivated  or  not  irri- 
gated, which  contain  trees  or  vineyards,  or  are  destined  to  pasture  or 
tillage,  whether  used  as  gardens,  orchards,  or  any  other  irrigated 
estate,  shall  always  have  the  right  to  demand  of  the  explorer  that  he 
first  give  a  bond  to  cover  any  indemnity  for  damage  which  the  trial 
pit  may  occasion. 

The  indemnity,  when  not  determined  by  mutual  agreement,  shall  be 
fixed  by  experts  named  by  the  parties,  and,  in  case  of  disagreement, 
by  a  third  named  by  the  governor  of  the  province  at  the  time  the 
interested  persons  appoint  their  experts.  For  this  purpose  they  shall 
give  due  notice  to  said  authority  of  the  appointment  made  and  the 
latter  shall  immediately  notify  them  of  the  appointment  of  the  referee. 

When  the  parties  can  not  agree  on  the  bond  that  is  to  guarantee 
the  indemnities,  the  governor,  after  hearing  the  provincial  council, 
shall  determine  the  amount  thereof. 

He  shall  hear  the  provincial  council,  also,  to  fix  the  bond  when  the 
lack  of  consent  or  the  refusal  of  the  owner  to  dig  trial  pits  on  his 
land,  of  the  character  mentioned  in  article  9  of  the  law,  is  supplied 
by  the  permission  of  the  governor  of  the  province. 

ART.  17.  If  the  parties  interested  in  the  case  referred  to  in  the 
foregoing  article  should  not  agree  to  the  appraisement  of  the  indem- 
nity, the  proceedings  shall  be  by  analogy  according  to  the  provisions 
contained  in  article  7  of  these  regulations,  with  regard  to  the  author- 
ization to  develop  mineral  substances  referred  to  in  article  3  of  the 
law. 

ART.  18.  The  distances  of  40  and  1,400  meters  required  by  article 
12  of  the  law  to  dig  trial  pits  or  make  other  mining  workings  in  the 


38  MINING    LAW    APPLIED   TO    CUBA. 

case  and  under  the  circumstances  therein  mentioned  shall  be  meas- 
ured in  buildings  from  the  outer  walls  or  fences;  in  railways,  from 
the  lower  line  of  the  embankment,  from  the  upper  line  of  the  cuts, 
and  from  the  outside  line  of  the  side  ditches,  and,  in  the  absence  of 
any  of  these,  from  a  line  drawn  1£  meters  from  the  outside  rail  of  the 
road;  in  wagon  roads,  in  the  same  manner  as  for  railways,  with  the 
difference  that  in  the  absence  of  side  ditches  the  measurements  shall 
be  from  a  line  drawn  1  meter  from  the  beaten  road;  in  canals,  from 
the  outside  line  of  the  towpath;  in  fountains,  from  the  outside  part 
of  the  basin,  should  there  be  one,  or  from  the  place  where  the  waters 
are  deposited;  in  watering  troughs  and  other  public  easements,  from 
the  outside  line  nearest  the  mining  works ;  and,  finally,  in  fortified 
places,  from  the  defensive  works  which  are  most  advanced  and  near- 
est to  the  site  in  which  the  mining  works  are  to  be  carried  on. 

ART.  19.  The  concession  for  the  development  of  mining  substances 
are  in  perpetuitj^,  an  annual  surface  tax  for  each  hectarea  being  paid, 
fixed  in  the  following  manner: 

For  the  substances  of  the  second  section,  2  escudos;  for  metallifer- 
ous substances,  excepting  iron,  and  for  precious  stones,  15  escudos; 
for  combustible  substances,  iron,  and  others  of  the  third  section, 
5  escudos. 

The  tax  must  be  paid  from  the  date  on  which  the  concession  is 
granted.  While  the  owner  of  the  mine  pays  punctually  said  amount 
the  administration  can  not  deprive  him  of  the  land  granted,  no  matter 
to  what  extent  he  develops  the  same. 

CHAPTER  III. — Mining  claims. 

ART.  20.  The  engineers  who  visit  mining  centers  where  mines  are 
worked  and  those  who  make  surveys  shall  take  care  to  examine  if 
between  the  claims  already  granted  by  the  State  there  are  bands  or 
spaces  unappropriated  not  of  sufficient  area  to  form  claims  according 
to  articles  13  and  14  of  the  law;  and  in  either  case,  and  whenever  by 
other  means  they  have  knowledge  of  such  facts,  they  shall  advise  the 
governor  of  the  province  thereof.  The  governor,  considering  the 
lands  as  a  surplus,  according  to  article  15  of  said  law,  within  a  period 
of  thirty  days,  counted  from  the  date  on  which  he  received  the  report 
of  the  engineers,  shall  begin  to  institute  proceedings  for  award.  The 
report  shall  be  accompanied  with  a  topographical  plan  of  the  claims 
between  which  lie  the  unclaimed  bands  or  spaces  not  large  enough  to 
form  incomplete  claims ;  and  in  view  thereof  the  governor  shall  order 
that  the  owner  of  the  oldest  adjacent  mines  be  notified  in  order  that 
he  may  declare  whether  he  accepts  or  not  the  land  which  can  be 
awarded  to  him  as  a  surplus.  In  this  case,  as  well  as  when  the  land 
exceeds  two-thirds  of  a  complete  claim  of  its  class,  the  notification 
requesting  a  statement  of  the  acceptance  or  refusal  of  the  surplus 
shall  be  sent  to  the  other  adjacent  towns,  being  published  also  in  the 
Boletin  Oficial. 


MINING    LAW    APPLIED    TO    CUBA.  39 

Objections  shall  be  presented  within  a  period  of  sixty  days,  and 
both  the  owner  of  the  oldest  mine,  as  well  as  the  others  who  by  order 
of  priority  may  have  a  right  to  the  award  of  all  or  a  part  of  the  sur- 
plus, within  the  same  period  shall  notify  the  governor  whether  they 
renounce  or  accept  the  same.  After  the  time  fixed  shall  have  passed, 
their  silence  shall  be  interpreted  as  proof  of  their  acceptance. 

The  sixty  days  having  elapsed,  the  governor,  without  any  postpone- 
ment of  any  kind  whatsoever,  shall  order  the  survey,  and  when  this 
has  been  done  he  shall  issue  an  order  approving  the  proceedings  or 
declaring  the  same  null  and  Void,  if  proper;  and  shall  order  in  the 
former  case  that  the  title  of  ownership  to  the  surplus  be  issued,  the 
provisions  relating  to  mining  claims  being  observed  in  all  that  is  not 
specially  determined  in  this  article. 

Xotice  shall  be  given  of  the  receipt  of  the  reports  and  plans  which 
the  engineers  forward  for  the  purposes  of  this  article,  the  date  of 
their  presentation  being  noted  in  the  offices  of  the  governor  of  the 
province  in  the  same  manner  as  the  presentation  of  petitions.  From 
this  date  shall  be  counted  the  period  of  the  thirty  days  required  by 
the  first  paragraph. 

ART.  21.  The  owners  of  the  mines  adjacent  to  the  surplus  lands 
may  also  request  the  award  of  the  same,  subjecting  themselves  to  the 
order  of  preference  fixed  by  the  law;  but  they  shall  not  be  granted 
unless  preceded  by  an  examination  and  report  of  the  proper  engineer 
and  the  formation  of  the  topographical  plan  to  which  reference  is 
made  in  the  foregoing  article. 

As  soon  as  the  petition  is  -presented  the  governor  shall  order  that 
the  engineers  make  an  examination,  prepare  the  topographical  plan 
of  the  claims  between  which  are  situated  the  unappropriated  bands 
or  spaces,  and  make  a  report  within  a  period  of  six  months,  counted 
from  the  date  on  which  they  acknowledge  the  receipt  of  the  order  of 
said  authority. 

When  these  formalities  have  been  complied  with  the  proper  notifi- 
cations shall  be  given,  and  the  proceedings  shall  follow  the  regular 
steps,  subject  to  the  rules  prescribed  in  article  20  for  official  awards. 

ART.  23.  Each  set  of  the  proceedings  instituted  with  reference  to 
mines  can  embrace  only  the  number  of  claims  that  a  single  petition 
can  contain  according  to  the  cases  referred  to  in  article  16  of  the  law. 
The  only  exceptions  are  the  petitions  of  mining  groups,  which  may  be 
made  in  the  manner  designated  in  article  42  of  these  regulations.  To 
the  petitions  made  in  the  name  of  general  or  special  partnerships 
and  corporations,  and  also  of  special  mining  companies  when  found 
legally  established,  shall  be  attached  the  articles  of  partnership  or 
corporation  or  a  certified  copy  thereof,  proving  its  social  existence. 

The  governors  shall  refuse  the  admission  of  all  petitions  made  in 
the  name  of  two  or  more  individuals  when  they  do  not  prove  that 
they  have  formed  a  partnership  in  a  legal  manner. 


40  MINING    LAW    APPLIED    TO    CUBA. 

ART.  24.  If  the  application  for  ownership  should  relate  to  a  deposit 
or  patch  of  turf  that  does  not  reach  the  size  of  an  incomplete  claim 
of  its  class,  a  plan  thereof  may  be  made  in  the  form  of  a  rectangle, 
inclosing  or  including  the  deposit.  The -concession  shall  be  limited  to 
this  place,  there  being  observed  in  its  grant  the  prescriptions  issued 
for  others  of  its  kind. 

When  it  is  proposed  to  develop  various  small  patches  of  turf  they 
shall  be  requested  and  indicated  in  one  petition  for  application  for 
ownership,  all  those  existing  in  the  space  of  four  contiguous  claims 
of  the  dimensions  mentioned  in  the  second  paragraph  of  article  13  of 
the  law,  or  in  double  that  space  if  a  company  should  claim  it,  without 
prejudice  to  the  survey  of  each  patch  by  itself  Avhen  proper,  forming 
a  rectangle  large  enough  to  inclose  or  surround  it  entirely. 

In  the  topographical  plan  each  patch  shall  be  distinctly  marked 
according  to  its  situation,  and  in  the  act  of  examination  and  survey 
its  superficial  area  shall  be  mentioned,  as  also  the  number  of  square 
meters  of  all  the  patches  which  are  the  object  of  the  concession.  This 
shall  be  limited  to  the  spaces  surveyed,  and  the  concessioners  shall 
pay  the  surface  tax  corresponding  to  the  said  spaces  according  to  the 
second,  fourth,  and  seventh  paragraphs  of  article  8  of  the  law. 

In  order  to  consider  these  concessions  as  duly  worked  it  will  be  suf- 
ficient that  they  have  the  number  of  laborers  corresponding  to  the 
spaces  of  one  or  more  claims  originally  designated,  the  intermediate 
spaces  remaining  free  for  mining  claims  of  other  kinds. 

ART.  25.  In  order  to  separate  two  or  more  mining  claims  that  have 
been  the  object  of  one  concession,  the  proper  proceedings  shall  be 
instituted,  commencing  with  the  petitions  of  the  persons  interested, 
then  hearing  the  proper  mining  engineer,  and  the  governor  then 
deciding  as  he  may  deem  proper.  If  approval  should  be  refused,  an 
appeal  lies  to  the  interior  department  within  a  period  of  thirty  days. 
If  the  refusal  be  confirmed  by  the  department,  a  new  petition  for  the 
separation  of  the  claims  can  not  be  made  unless  the  causes  for  the 
refusal  should  be  modified  either  by  subsequent  developments  or  by 
other  reasons  that  shall  be  weighed  in  each  case  according  to  the 
attendant  circumstances. 

Care  must  be  taken  in  these  proceedings  that  the  separated  claims 
be  given  a  name  that  will  distinguish  them  from  the  original  conces- 
sion to  which  they  belonged,  and  the  proper  advice  shall  be  given  to 
the  administration  of  the  public  treasury  for  the  proper  effects  relat- 
ing to  the  surface  tax. 

ART.  26.  When  individuals  or  associations  acquire  by  purchase  or 
in  any  other  legal  manner  any  number  of  mining  claims  already 
granted  by  the  State,  they  shall  notify  the  governor  of  the  province 
within  fifteen  days  after  their  acquisition. 

If  the  purchasing  companies  should  desire  the  increase  of  claims 
which  the  law  allows,  because  of  the  existence  of  unclaimed  land,  the 


MINING    LAW    APPLIED    TO    CUBA.  41 

proceedings  shall  be  instituted  and  carried  on  in  the  manner  estab- 
lished as  a  general  rule  for  applications  for  ownership  and  ordinary 
concessions. 

When  individuals  or  companies,  in  the  manner  indicated  in  the 
first  paragraph  of  this  article,  should  acquire  mining  claims  not  yet 
granted,  the  applications  by  others  for  which  are  pending,  they  shall 
inform  the  governors  of  the  provinces  as  soon  as  possible  of  the  pur- 
chase or  transfer,  exhibiting  the  public  instrument  proving  the  same, 
and  stating  their  desire  that  the  respective  proceedings  continue  in 
the  name  and  representation  of  the  individuals  or  companies.  Until 
this  is  done  said  authorities  shall  continue  the  prosecution  of  the 
proceedings,  recognizing  as  the  only  legitimate  party  the  one  who 
instituted  and  continued  the  proceedings,  without  a  sale  or  transfer 
duly  proven,  or  the  person  who  may  have  sufficient  judicial  character 
and  personality  for  the  purpose,  proven  before  the  said  governors. 

CHAPTER  IV. — Application  for  mining  claims. 

ART.  27.  The  right  of  preference  for  the  concession  and  ownership 
of  mining  claims  by  reason  of  the  priority  of  the  petition,  to  which 
reference  is  made  in  article  20  of  the  law,  shall  be  governed  in  case  of 
equality  of  circumstances  by  the  date  of  the  presentation  of  the  peti- 
tions. When  in  the  petitions  it  is  proposed  to  explore  or  make 
excavations  in  gardens,  orchards,  or  any  irrigated  lands,  although  to 
present  such  a  petition  the  permission  of  the  owner  is  not  necessary, 
if  he  should  refuse  to  consent  to  the  inauguration  of  such  works  and 
should  make  his  objection  within  two  months  there  shall  be  no  remedy 
or  appeal  of  any  kind  and  the  petitions  shall  be  ignored. 

If  the  owner  of  the  land  indicated  in  this  article,  upon  the  expiration 
of  two  months  after  permission  has  been  requested,  should  not  have 
answered  either  in  the  affirmative  or  in  the  negative,  it  shall  be  under- 
stood that  he  consents  to  the  prosecution  of  the  works.  The  proceedings 
shall  follow  their  course  accordingly,  the  governor  of  the  province 
authorizing  the  explorer  or  the  register  to  begin  work,  giving  a  bond 
or  paying  indemnity  in  the  manner  determined  by  article  11  of  the  law 
and  articles  5,  6,  and  16  of  these  regulations. 

The  petitions  for  explorations  or  registries  shall  also  be  ignored  if 
permission  be  not  obtained  to  establish  works  at  a  smaller  distance 
than  that  required  by  article  12  of  the  law  when  it  is  desired  to  make 
them  near. the  buildings,  roads,  public  easements,  and  fortifications 
mentioned  therein.  In  all  these  cases,  and  in  the  other  cases  referred 
to  in  article  20  of  the  law,  the  explorers  or  registers,  in  requesting 
permission  for  the. works,  shall  inform  the  mayor  in  whose  district 
they  are  to  be  executed,  according  to  the  procedure  prescribed  in 
article  14. 

The  petitions  which  have  for  their  object  the  reduction  of  dis- 
tances, referred  to  in  the  foregoing  paragraph,  shall  be  addressed  to 


42  MINING    LAW    APPLIED    TO    CUBA. 

the  governor  of  the  province,  and  the  provisions  of  article  19  of  these 
regulations  shall  be  applicable  thereto. 

The  persons  interested  may  also  inform  the  local  authority  of  the 
petitions  which  they  make  to  the  owners  of  orchards,  gardens,  and 
irrigable  lands  for  permission  to  continue  works  begun  through  the 
land  occupied  by  said  proprietors.  After  two  months  have  passed 
without  obtaining  permission,  or  in  case  permission  is  refused  before 
the  expiration  of  this  period,  the  governor  of  the  province  may  grant 
it,  as  provided  for  in  the  second  paragraph  of  article  20  of  the  law, 
after  paying  the  indemnity  and  furnishing  the  bond  mentioned  in 
article  11  of  the  law,  and  observing  also  the  provisions  of  articles  5, 
7,  and  16  of  these  regulations  with  regard  thereto. 

If  the  governor  should  refuse  permission  an  appeal  lies  to  the 
department  of  the  interior,  and  against  the  decision  of  the  latter 
there  shall  be  no  further  remedy. 

ART.  28.  Within  a  period  of  thirty  days,  counted  from  the  presenta- 
tion of  any  petition  for  exploration  or  registry,  when  the  land  is  of 
those  in  which  in  order  to  commence  or  continue  work,  the  permis- 
sion of  the  owner  is  necessary,  or,  in  the  absence  of  his  consent,  that 
of  the  governor,  the  respective  interested  persons  shall  be  obliged 
to  show  the  consent  or  refusal  of  the  said  owner  of  the  land  for  inclu- 
sion in  the  proceedings,  or  to  declare  in  writing  the  date  in  which 
they  had  asked  for  the  authorization.  If  upon  the  expiration  of  the 
period  indicated,  which  in  registries  or  denouncements  shall  begin  to 
be  counted  from  the  date  on  which  forfeiture  takes  place,  neither  of 
the  two  actions  has  been  proven,  it  shall  be  understood  that  the  prose- 
cution of  the  proceedings  has  been  abandoned,  and  the  petition  in 
question  for  exploration  or  for  registry  shall  be  ignored. 

ART.  29.  The  petitions  for  explorations  or  for  registry  shall  be 
drafted  in  accordance  with  Form  No.  2. 

The  plan  may  be  contained  in  the  petition  itself  or  in  a  separate 
document  annexed  thereto,  but  the  simultaneous  presentation  of  both 
documents  shall  not  be  omitted,  nor  shall  petitions  which  do  not  con- 
tain or  include  the  plan  be  admitted. 

ART.  30.  The  explorers  and  registers  shall  furnish  a  plan  of  the 
mining  claims  which  they  request,  indicating  thereon  clearly  and  in 
detail  the  point  where  they  may  have  commenced  or  will  commence 
the  works,  from  which,  and  with  relation  to  the  perimeter  of  the  land 
they  claim,  they  shall  determine  the  boundaries  with  precision,  either 
indicating  points  fixed,  visible,  certain,  and  known,  showing  in  meters 
the  length  and  breadth  of  the  claims,  so  that  an  exact  rectangle  or 
the  figure  they  are  to  have  may  be  formed,  or  the  direction  both  of 
the  boundaries  as  well  as  the  direction  in  which  the  claim  must  be 
outlined,  for  which  purpose  they  shall  in  like  manner  indicate  the 
length  and  breadth  in  meters. 

When  from  the  surveys  made  by  the  engineer  it  should  appear  that 
neither  the  points  of  reference  nor  the  boundaries  correspond  to  those 


MINING    LAW    APPLIED    TO    CUBA.  43 

mentioned  in  the  plan,  or  that  the  latter  are  not  the  boundaries,  or 
that  they  are  situated  from  the  starting  point  of  the  works  double  the 
distance  fixed  in  the  petition  or  respective  document,  the  land  applied 
for  shall  be  considered  as  different  from  that  on  which  the  survey 
was  made,  and  the  plan  shall  be  canceled  and  the  proceedings  closed 
by  order  of  the  governor.  From  his  decision  an  appeal  lies  to  the 
interior  department,  who  shall  decide  without  further  remedy. 

ART.  31.  Upon  the  presentation  of  petitions  for  explorations  or  for 
registry  there  shall  be  noted  thereon,  with  the  full  signature  of  the 
respective  official,  the  hour  and  minute,  and  the  day,  month,  and  year 
of  the  presentation,  all  written  out,  there  being  also  stated  that  there 
have  been  deposited  the  30  escudos  required  by  article  73.  In  case 
the  plan  is  contained  in  a  separate  document  this  fact  shall  be  noted 
in  the  same  memorandum,  another  being  made  on  the  second  docu- 
ment, signed  also  by  the  same  official,  to  show  the  simultaneous  pre- 
sentation required  by  article  29  of  these  regulations. 

Immediately  after  these  formalities  the  governor  of  the  province 
shall  order  the  admission  of  the  petition,  as  prescribed  in  article  22  of 
the  law. 

The  ordinal  number  of  the  petitions  mentioned  in  the  second  para- 
graph of  the  same  article  shall  be  the  one  they  may  have  been  given 
in  the  stub  receipt  book,  and  shall  be  written  out,  without  erasures  or 
corrections. 

ART.  32.  In  the  offices  of  the  governors  of  the  provinces  there  shall 
be  two  books,  one  entitled  "  Explorations"  (Investigaciones)  and  the 
other  "Registries  "  (Registros),  in  order  to  fulfill  the  second  paragraph 
of  article  22  of  the  law  in  all  its  parts. 

The  two  books  shall  be  bound  with  leaves  securely  sewn  in,  and 
shall  be  stub  books.  The  governor  shall  rubricate  all  the  leaves  in 
such  manner  that  on  both  the  receipt  and  the  stub  his  rubric  shall 
always  appear,  and  all  the  folios  shall  be  numbered  both  on  the  receipt 
and  the  stub. 

Each  book  shall  have  a  separate  alphabetical  index,  in  which  shall 
be  entered  the  names  of  the  explorations  or  claims  petitioned  for,  with 
a  reference  to  the  folio  of  the  book  in  which  the  presentation  of  the 
petition  is  recorded. 

In  the  book  of  "Explorations"  shall  be  entered  the  petitions  pre- 
sented for  said  explorations,  and  also  those  referring  to  general  gal- 
leries for  explorations,  transportation,  and  drainage,  and  the  mining 
groups  for  explorations. 

In  the  book  of  "Registers"  shall  be  entered  the  petitions  for  full 
claims,  partial  claims,  scoriae,  and  dumps,  the  registers  of  mining- 
groups,  those  which  have  for  their  object  the  development  of  the  sub- 
stances referred  to  in  articles  4  and  5  of  the  law,  and  those  which  refer 
to  the  mineral  products  mentioned  in  article  6  when  they  are  treated 
in  fixed  establishments. 


44  MINING    LAW    APPLIED    TO    CUBA. 

On  each  one  of  the  leaves  of  both  books,  divided  into  two  parts,  no 
other  entry  shall  be  made  than  that  which  relates  to  one  petition. 
On  the  left-hand  side  shall  be  clearly  and  fully  recorded  the  name  of 
the  person  interested,  and,  in  a  proper  case,  the  name  of  his  repre- 
sentative, the  object  they  desire,  if  the  plan  is  contained  in  the  peti- 
tion itself  or  in  another  document,  and  the  hour,  minute,  day,  month, 
and  year  of  presentation  written  out.  Following  this  first  entry  shall 
be  recorded  the  principal  steps  until  the  proceedings  are  closed. 

By  principal  steps  shall  be  understood  the  admission  of  the  peti- 
tion, the  publication  of  the  plan,  the  consent  or  refusal  to  examine 
and  develop  or  to  commence  labors,  the  notice  that  the  petitioners 
have  requested  permission  of  the  owners  of  the  land,  the  notice  of 
having  performed  the  legal  work  required,  the  examination  and  sur- 
vey and  the  approval  or  declaration -of  nullity  in  any  of  the  cases 
included  in  the  law  and  regulations. 

On  the  right-hand  side  the  official  who  may  have  authenticated  the 
memoranda  in  the  petition  shall,  with  the  counter  signature  of  the 
governor  of  the  province,  authenticate  the  repetition  of  the  entry 
made  on  the  left-hand  side,  from  which  it  shall  be  separated  by  being 
cut  off  in  order  to  be  delivered  to  the  person  interested  as  a  receipt. 

No  blank  spaces  shall  be  left  between  the  entries,  which  must  con- 
tinue from  the  left-hand  side  of  the  leaf;  neither  shall  there  be  era- 
sures or  corrections.  If  any  of  the  latter  should  be  necessary,  they 
shall  be  made  good  by  means  of  an  explanatory  note. 

ART.  34.  In  the  cases  referred  to  in  article  27  of  these  regulations 
the  periods  fixed  by  articles  23  and  24  of  the  law  for  the  publication 
of  the  exploration  or  registry  and  in  which  to  make  objections  shall 
be  counted  from  the  date  on  which  permission  to  begin  work  was 
obtained  from  the  ownBr  of  the  land  or  from  the  governor  of  the 
province. 

Said  authority  shall  not  order  the  admission  of  the  petitions  in  the 
manner  prescribed  by  article  22  of  the  law  before  the  said  permission 
has  been  obtained  from  the  owner  or  unless  it  has  been  granted 
according  to  the  said  article  27  of  the  regulations ;  but  upon  the  expi- 
ration of  the  periods  referred  to  in  the  latter,  which  can  not  be  extended, 
the  governor  shall,  without  delay  or  postponement  of  any  kind  what- 
soever, order  the  admission,  fulfilling  all  that  is  prescribed  in  the  law 
with  regard  to  the  first  steps  and  formalities  of  the  procedure. 

ART.  35.  The  period  required  by  article  25  of  the  law  in  which  the 
governor  shall  render  his  decision  with  regard  to  petitions  for  explo- 
rations shall  be  counted  in  the  same  manner  as  prescribed  in  the 
foregoing  article  for  the  cases  included  therein. 

ART.  36.  The  permission  granted  by  the  governors  of  provinces  to 
make  explorations  shall  be  for  six  years,  provided  that  during  that 
time  the  persons  interested  comply  with  the  conditions  imposed  by 
the  law  and  fulfill  the  formalities  required. 


MINING    LAW    APPLIED   TO    CUBA.  45 

If  upon  the  termination  of  this  period  the  exploration  is  being  con- 
tinued at  a  great  depth,  the  governor  of  the  province,  in  view  of  the 
report  of  the  respective  engineer,  may  extend  the  permission  for 
another  six  years,  provided  the  explorers  request  said  extension  before 
the  expiration  of  the  first  term. 

Only  the  secretary  of  the  interior  shall  be  competent  to  grant  fur- 
ther extensions. 

The  permission  granted  to  make  explorations  shall  not  serve  to 
authorize  the  free  disposal  of  the  minerals. 

At  any  time  that  mineral  is  discovered  and  the  legal  labor  may  be 
executed,  as  prescribed  in  articles  30  and  64  of  the  law,  the  explorers 
shall  request  a  survey  and  concession,  the  proceedings  being  insti- 
tuted in  the  same  manner  as  for  registries. 

ART.  37.  If  a  petition  for  exploration  or  registry  is  admitted  the 
same  day  on  which  it  is  presented,  the  period  of  four  months  in 
which  to  perform  the  legal  work  of  10  meters  shall  be  counted  in  the 
manner  mentioned  in  article  28  of  the  law;  but  in  the  cases  referred 
to  in  articles  27,  34,  and  35  of  these  regulations  it  shall  be  counted 
from  the  day  following  that  of  the  notification  of  the  decree  of 
admission  issued  by  the  governor  of  the  province. 

Before  the  expiration  of  said  period  the  persons  interested  or  their 
representatives  shall  forward  to  the  proper  bureau  a  document  inform- 
ing them  that  the  legal  labor  has  been  performed  and  in  what  man- 
ner. The  person  interested  shall  be  given  the  proper  receipt  for  this 
document,  visaed  by  the  governor  and  signed  by  the  official. 

ART.  38.  Mining  proceedings  shall  be  composed  of  the  original 
documents  and  never  of  copies  more  or  less  authenticated.  For  this 
purpose  there  shall  ,be  attached  the  original  requests,  petitions, 
appeals,  decrees,  rulings,  reports,  notifications,  and  documents  relat- 
ing to  said  proceedings,  and  the  greatest  order  shall  be  observed, 
arranging  them  clearly  and  correlatively.  The  foliation  shall  be  by 
sheets;  they  shall  be  rubricated  by  the  proper  official,  and  it  shall  be 
specially  observed  that  the  acts  appear  in  the  successive  order  in 
which  they  take  place,  and  that  no  action  of  a  subsequent  date  be 
drafted  or  entered  on  the  margins  of  the  documents,  nor  that  one  be 
entered  before  another  act  which  preceded  it. 

The.  blank  spaces  which  will  inevitably  occur  in  some  folios,  includ- 
ing the  petitions,  shall  be  crossed  whenever  they  occur. 

Only  in  case  that  the  decision  rendered  in  proceedings  should  affect 
those  objecting,  shall  a  copy  of  the  original  decree  rendered  therein  be 
forwarded  to  the  objecting  parties  in  the  shape  of  a  certificate  visaed 
by  the  governor  of  the  province. 

The  foregoing  prescriptions  shall  be  understood  as  being  applicable 
to  all  kinds  of  proceedings  relating  to  mining  matters,  and  therefore 
the  practice  of  keeping  separate  records  is  abolished  as  unnecessary 
and  useless. 


46  MINING    LAW    APPLIED    TO    CUBA. 

ART.  39.  At  the  end  of  every  set  of  proceedings  there  shall  be 
entered  by  the  proper  official  a  memorandum  of  the  folios  contained 
in  the  same,  that  the  blank  spaces  have  been  crossed,  and  any  other 
circumstances  which  appear  advisable  and  expedient.  The  memo- 
randum shall  be  written  out  without  containing  any  figures  whatso- 
ever. 

ART.  40.  All  proceedings  may  be  prosecuted  by  the  persons  inter- 
ested or  by  means  of  representatives.  The  latter  shall  be  required  to 
present  their  legal  power  of  attorney,  a  note  of  which  shall  be  entered 
in  the  proceedings,  unless  the  persons  interested  consent  to  the  orig- 
inal being  included  in  the  record. 

The  persons  interested  or  their  representatives  must  reside  in  the 
capital  in  which  the  proceedings  are  prosecuted,  and  the  administra- 
tion shall  communicate  with  them  with  regard  to  the  action  to  be 
taken  and  the  notifications  to  be  made. 

When  for  any  reason  whatsoever  they  may  have  absented  them- 
selves from  the  capital,  or  when  the  person  interested  or  his  repre- 
sentative does  not  reside  therein,  the  notification  shall  be  made 
through  the  official  bulletins,  the  copy  containing  the  same  being 
included  in  the  proceedings,  and  shall  produce  the  same  legal  effects 
as  a  notification  in  person. 

ART.  41.  In  order  that  the  legal  labor  may  show  the  existence  of 
the  mineral  the  working  of  which  is  intended,  it  shall  always  be  per- 
formed within  the  vein,  lode,  or  pocket  discovered  in  regular  seams 
and  in  the  most  advisable  manner  in  irregular  ones,  according  to  their 
shape. 

ART.  42.  Any  individual  or  association  which  is  legally  established 
may  request  the  concession  of  a  large  mining  group,  for  the  purposes 
of  exploration  as  well  as  registry,  under  the  following  conditions : 

1.  The  mining  group  for  exploration  or  registry  must  contain  20 
claims  at  least  and  not  more  than  60.     These  claims  shall  have  the 
proper  area,  according  to  the  kind  of  mineral. 

2.  There  shall  be  attached  to  the  petition  a  topographical  plan,  as 
exact  as  possible,  made  by  an  engineer  on  a-  scale  of  1  to  10,000,  in 
which,  after  fixing  a  starting  point  and  clearly  describing  it,  all  the 
claims  united  shall  be  traced  and  numbered  as  may  be  most  conveni- 
ent.   A  report  shall  also  be  presented  in  which  there  shall  be  set  forth, 
from  a  scientific  and  industrial  point  of  view,  the  advisability  and 
advantages  of  granting  the  group  requested. 

3.  Upon  the  presentation  of  the  petition  the  sum  of  10  escudos  shall 
be  deposited  for  each  of  the  claims  which  is  to  form  the  group. 

4.  In  petitions  for  groups  for  exploration  similar  procedure  shall  be 
followed  as  for  petitions  for  ordinary  explorations,  and  in  registries 
of  mining  groups  the  procedure  indicated  for  single  applications  shall 
be  followed,  the  only  difference  being  that  the  legal  labor  is  to  be  per- 
formed at  four  points  of  the  group  situated  at  a  distance  from  each 


MINING    LAW    APPLIED    TO    CUBA.  47 

other  of  400  meters  at  least  when  the  mines  referred  to  in  the  first 
paragraph  of  article  13  of  the  law  are  in  question,  and  of  600  when 
mines  mentioned  in  the  second  paragraph  of  the  said  article. 

5.  All  other  rules,  conditions,  and  guaranties  established  in  the 
law  and  in  these  regulations  for  proceedings  for  explorations  and  for 
registries  are  respectively  applicable  to  these  proceedings  and  their 
prosecution. 

CHAPTER  V. — Surveys  and  concessions  of  property. 

ART.  43.  In  order  to  include  in  the  survey,  lands  of  estates  which 
are  included  in  the  case  referred  to  in  article  10  of  the  law,  permission 
shall  be  requested  of  the  owner  of  the  same;  and  if  within  two  months 
he  should  refuse  permission  or  not  express  himself,  the  governor  shall 
authorize  the  survey  in  the  manner  requested,  after  the  proper 
bond  and  indemnity,  in  the  terms  prescribed  by  article  11  of  said  law 
and  articles  5,  7,  and  16  of  these  regulations. 

The  petition  for  permission  directed  to  the  owner  shall  be  commu- 
nicated to  the  respective  mayor  in  the  manner  and  with  the  formali- 
ties mentioned  in  articles  14  and  27  of  these  regulations. 

ART.  44.  The  period  of  four  months  fixed  by  article  30  of  the  law 
within  which  the  register  is  to  demand  the  survey  shall  be  counted  in 
the  manner  established  in  article  37  of  these  regulations,  which  relates 
to  legal  labor. 

If  the  register  should  allow  said  period  to  elapse  without  requesting 
the  survey,  the  proceedings  shall  be  closed  and  lapse,  as  prescribed 
by  article  64  of  the  said  law  in  the  fourth  case  of  its  first  part. 

The  governors,  under  their  strictest  liability,  shall  take  care  that  at 
no  time  within  the  four  months  shall  a  petition  requesting  the  survey 
of  their  respective  registrations  be  refused,  and  shall  consider  them 
presented  and  admitted  as  soon  as  delivered,  immediately  complying 
without  any  excuse  whatsoever  with  the  provisions  of  article  31  of  the 
law,  provided  that  the  sixt}~  days  fixed  in  article  -4  thereof  for  the 
filing  of  objections  have  elapsed. 

ART.  45.  The  governors  .shall  order  that  the  notifications  referred 
to  in  the  third  paragraph  of  article  31  of  the  law  be  made  in  the  capi- 
tals of  the  provinces  if  the  owners  or  petitioners  of  the  mines,,  explo- 
rations, registries,  galleries,  scoria?,  and  dumps  adjoining  the  survey 
to  be  made,  or  the  persons  who  are  their  legal  representatives,  should 
reside  in  said  capital. 

If  both  should  be  absent  from  the  capital,  instead  of  the  personal 
notification,  an  announcement  shall  be  published  in  the  Boletin  Ofi- 
ciaL  in  accordance  with  the  provisions  of  article  40  and  the  second 
provision  of  the  general  ones  of  these  regulations.  Furthermore,  the 
surveys  shall  always  be  announced  beforehand,  as  required  at  the  end 
of  the  said  article  31  of  the  law,  and  in  order  to  do  so  a  sufficient  time 
in  advance,  the  engineers  shall  forward  at  the  proper  time  the  proper 


48  MINING    LAW    APPLIED    TO    CUBA. 

notices  to  the  governors  of  the  provinces,  stating  therein  clearly  and 
exactly  the  days  within  which  the  survey  is  to  be  made. 

If  neither  the  owners  nor  their  duly  constituted  attoriiej^s  of  mines 
or  registries,  and  those  of  adjoining  mining  works,  including,  explora- 
tions, should  not  attend  the  survey,  the  engineers  shall  summon  the 
respective  foremen  or  persons  in  charge  of  the  works,  and  if  these 
should  not  be  present  either,  they  shall  state  this  fact  explicitly  in  the 
report  of  the  survey.  There  shall  be  specially  stated  therein  the 
absence  or  presence  of  the  owners,  as  well  as  of  their  representatives, 
including  not  only  those  of  the  mine  to  be  surveyed,  but  also  those  of 
the  adjoining  claims. 

If  the  owners  or  persons  interested,  who  may  have  been  notified  in 
the  capital  of  the  province,  or  who,  being  absent,  must  be  considered 
as  cognizant  of  the  fact  by  the  announcements  in  the  Boletin  Oficial, 
should  not  attend  the  act  of  the  survey,  it  shall  be  considered  that 
they  renounce  their  right  to  object  against  the  results  of  the  same, 
this  also  being  understood  if  the  foremen  or  persons  in  charge  of  the 
works  should  be  absent  and  the  summons  referred  to  in  this  article  is 
not  served  on  them. 

There  shall  not  be  admitted  any  remedies  against  the  survey  but 
protests,  remarks,  and  objections  made  at  the  time  of  the  survey  and 
the  fixing  of  stakes  or  corner  stones. 

ART.  46.  The  surveys  shall  not  be  made  by  the  engineers  when  there 
is  no  undenounced  land,  when  the  legal  work  has  not  been  performed, 
or  when  the  existence  of  the  mineral  is  not  proven.  In  all  these  cases 
the  proceedings  shall  be  returned  to  the  governor  of  the  province, 
appearing  therein  by  means  of  a  memorandum  of  the  reasons  for  the 
return. 

ART.  47.  In  order  to  make  the  surveys,  the  order  of  preference  of 
the  proceedings  with  regard  to  their  priority,  counted  from  the  date 
of  the  presentation  of  the  petitions,  shall  be  observed,  provided  that 
mines  situated  in  the  same  region  are  in  question. 

This  strict  order  shall  be  ignored  only  when  the  distance  and  isola- 
tion of  the  mines  preclude  any  fear  of  causing  damage. 

ART.  48.  Neither  after  the  publication  of  nor  during  the  survey  and 
examination  can  the  persons  interested  change  the  plan  presented 
with  the  petition. 

The  cases  referred  to  in  the  second  paragraph  of  article  32  of  the 
law  are  excepted ;  but  if  in  said  cases  there  should  be  no  agreement 
between  the  engineers  and  the  persons  interested,  the  survey  shall  be 
made  immediately  in  the  manner  decided  upon  by  the  former,  the  latter 
having  the  right  to  appeal  to  the  governor  of  the  province  for  the 
proper  resolution. 

If  the  appeal  should  not  be  taken  within  the  term  of  two  days 
through  the  engineers,  in  order  that  they  may  make  a  report  thereon 
and  forward  it  to  the  governor,  the  survey  shall  be  considered  as 
agreed  to. 


MINING    LAW    APPLIED    TO    CUBA.  49 

ART.  40.  In  fixing  the  boundaries  the  engineers  shall  also  take  care 
to  arrange  them  in  such  manner  that,  without  interfering  with  the 
workings,  they  avoid  as  far  as  possible  free  spaces  or  bands  between 
claims.  For  this  purpose,  and  provided  that  a  third  person  is  not 
injured  thereby,  said  engineers  need  not  confine  themselves  to  the 
plans  made  by  the  persons  interested,  either  with  or  without  their 
consent.  Should  it  be  done  without  their  consent,  the  appeal  referred 
to  at  the  end  of  the  second  paragraph  of  the  foregoing  article  may  be 
taken. 

ART.  50.  The  surveys  shall  be  made  only  by  the  proper  engineer, 
without  the  assistance  of  a  clerk.  The  witnesses,  the  persons  inter- 
ested or  their  representatives,  and  the  owners  or  managers  of  adjoin- 
ing mines  and  mining  works  shall  witness  the  survey;  the  engineer 
shall  make  the  proper  memorandum,  stating  therein  clearly  and 
minutely,  without  omitting  any  circumstance  tending  to  give  a  good 
idea  of  the  ground,  of  the  location  of  the  mine,  of  the  boundary  marks, 
and  its  relation  to  certain  and  fixed  points  of  the  region  in  which  it  is 
established,  of  the  character  of  the  mineral,  of  its  conformity  with  or 
difference  from  the  samples  submitted,  of  the  form,  thickness,  and 
other  conditions  of  the  vein,  and  of  the  protests,  claims,  and  remarks 
made  by  those  called  to  be  present  at  the  survey,  who  shall  lose  all 
right  to  be  heard  afterwards,  as  prescribed  in  article  43  of  these  regu- 
lations, should  they  not  attend  said  act. 

In  proceedings  of  registration  by  reason  of  forfeiture  or  denounce- 
ment-registration, in  which  the  performance  of  the  legal  labor  is  not 
necessary,  the  description  of  the  vein  and  minerals  must  not  be 
omitted  which  constitute  it,  with  the  only  exception,  which  must  be 
included  in  the  memorandum,  when  it  is  absolutely  impossible  on 
account  of  the  condition  of  the  old  and  forfeited  mine. 

All  those  attending  who  know  how  to  write  shall  sign  the  memo- 
randum with  the  engineer. 

ART.  51.  Two  topographic  plans  shall  be  prepared  by  the  engi- 
neers of  every  survey,  traced  on  card  paper  or  cloth,  each  accompanied 
by  the  proper  explanation.  Both  shall  have  sufficient  margin  to  be 
attached  to  the  proceedings. 

The  scale  of  the  plans  shall  be  of  1  to  5,000;  the  governor  and  the 
Department,  however,  in  special  cases,  shall  have  power  to  order 
that  they  be  made  on  a  different  scale,  larger  or  smaller,  as  they  may 
see  fit. 

For  the  mines  referred  to  in  the  second  paragraph  of  article  13  of 
the  law,  as  well  as  for  mining  groups,  the  scale  of  the  plans  shall  be 
of  1  to  10,000  when  claims  of  different  kinds  are  to  be  included  in  one 
plan;  all  shall  subject  themselves  to  the  scale  corresponding  to  the 
concession  which  is  the  principal  object  of  the  plan. 

The  plans  shall  be  drawn  carefully  and  with  cleanliness,  different 
colored  inks  being  used  in  order  to  secure  greater  clearness,  and  the 
24949 4 


50  MINING    LAW    APPLIED    TO    CUBA. 

situation  of  the  explorations,  register,  mining  works,  and  adjoining 
mines  shall  be  indicated,  their  mouths  or  starting  points  being  desig- 
nated whenever  possible. 

For  the  formation  of  the  plans  and  the  drafting  of  the  memoranda 
the  engineers  shall  observe  the  rules  and  forms  published  by  royal 
order  of  February  25,  1863. 

ART.  52.  In  order  that  explorers  may  secure  the  survey  referred  to 
in  the  second  paragraph  of  article  35  of  the  law,  their  petitions  must 
conform  to  the  conditions  prescribed  in  article  30  of  the  same,  and 
they  must  present  at  the  same  time  samples  of  the  mineral  discovered, 
which,  in  the  judgment  of  the  engineer,  suffice  to  prove  its  existence 
and  the  possibility  of  profitabty  working  it. 

ART.  53.  Mining  engineers  shall  conform  strictly  to  the  provisions 
of  law  and  to  those  contained  in  these  regulations  with  regard  to  the 
manner  of  making  the  surveys,  drafting  the  memorandum,  and  mak- 
ing the  plans  thereof,  and  shall  take  the  greatest  care  in  making  the 
examinations  and  in  all  the  technical  work  without  omitting  any 
information,  circumstance,  or  notice  tending  to  contribute  at  any 
time  to  a  better  understanding  and  explanation  of  the  questions 
which  may  arise,  in  order  that  the  surveys  as  well  as  the  plans  may 
serve  as  a  basis  and  foundation  of  the  rights  of  the  parties  and  guar- 
antee to  them  their  legality,  avoiding  doubts,  complaints,  and 
objections. 

For  this  purpose,  when  they  go  to  the  ground,  they  shall  take 
care  to  have  an  exact  knowledge  with  regard  to  the  situation  of  all 
the  adjoining  concessions,  having  examined  for  this  purpose  the 
proper  data  and  information  in  their  office  or  demanding  of  the 
authorities  the  records  which  may  be  necessary. 

ART.  54.  The  provisions  contained  in  the  foregoing  articles  for  the 
surveys  of  mining  claims  are  applicable  and  extensive  to  the  survey 
of  large  groups  or  associations  of  mines,  and  to  scoria,  dumps,  and 
surplus  lands. 

ART.  55.  The  mining  engineers  intrusted  with  the  examinations 
and  surveys  shall  return  to  the  governors  of  the  provinces  the  respec- 
tive proceedings  within  the  period  fixed  in  the  second  paragraph  of 
article  31  of  the  law,  reducing  to  writing  the  work  done,  including 
the  plans,  and  stating  at  the  same  time  in  a  separate  communication 
the  particular  conditions  which  are  to  be  imposed  on  those  demand- 
ing the  concession,  in  addition  to  the  general  conditions  required  by 
the  law  and  regulations. 

All  the  plans  shall  be  vissed  by  the  chief  engineer,  whose  subscrip- 
tion shall  make  him  liable  for  the  conformity  of  the  plan  with  the 
result  of  the  memorandum  of  the  survey,  as  also  that  in  the  graphic 
description  all  the  rules  indicated  in  the  law  and  in  these  regulations 
have  been  observed. 

ART.  56.  Within  the  term  of  fifteen  days,  counted  from  that  follow- 
ing that  on  which  the  survey  was  made,  the  persons  interested  or 


MINING    LAW    APPLIED    TO    CUBA.  51 

their  representatives  shall  deliver  to  the  government  of  the  prov- 
inces, in  tax  paper,  the  sum  of  six  escudos  for  each  complete  or 
incomplete  mining  claim  which  may  be  the  object  of  the  proceed- 
ings. The  same  amount  shall  be  paid  for  every  surplus  and  claim, 
scoria,  or  dump. 

They  shall  furthermore  deliver  within  the  same  period,  and  also  in 
tax  paper,  the  amount  corresponding  to  the  stamped  paper  on  which 
the  title  of  property  is  to  be  drafted. 

The  term  of  fifteen  days,  shall  always  be  counted  from  the  date  of 
the' first  examination  when  the  survey  may  have  been  made,  and  it 
shall  not  be  considered  as  postponed  nor  suspended  either  by  reason 
of  the  engineer  delaying  the  return  of  the  proceedings  or  on  account 
of  the  correction  or  modification  of  the  original  survey,  or  for  any 
other  causes  changing  the  definite  character  which,  as  a  general  rule, 
said  operations  should  have. 

ART.  57.  The  inquiries  to  the  department  relating  to  the  special 
conditions  to  be  imposed  in  a  concession,  referred  to  in  the  second 
paragraph  of  article  27  of  the  law,  can  only  be  imposed  when  circum- 
stances or  questions  are  referred  to  not  included  in  the  said  law  nor 
in  these  regulations;  and  the  governors  shall  make  the  same  as  soon 
as  the  engineers  have  returned  the  proceedings  with  the  survey  made. 

On  this  point  the  government  shall  hear  the  technical  mining  board 
when  the  conditions  in  question  are  technical  and  relate  to  the  min- 
eral or  to  its  working. 

The  title  of  property  to  mining  claims,  surplus  lands,  scoriae,  and 
dumps  shall  conform  to  form  No.  4,  and  shall  be  issued  by  the  gov- 
ernors within  the  term  of  fifteen  days,  after  the  period  of  thirty  days 
referred  to  in  the  first  paragraph  of  article  37  of  the  law  has  elapsed 
without  an  appeal  having  been  taken.. 

One  of  the  plans  shall  always  be  attached  to  the  title,  which  plan 
shall  be  removed  from  the  record,  the  seal  of  the  government  of  the 
province  being  affixed  thereto. 

CHAPTER  VI. — General  galleries  for  exploration,  drainage,  and  transportation. 

ART.  58.  No  petition  whatsoever  shall  be  admitted  for  the  driving 
of  a  tunnel  or  gallery  when  it  is  to  cross  lands  occupied  in  whole  or 
in  part  by  mines  granted  or  registered  or  in  course  of  exploration,  if 
certified  copies  of  the  agreements  and  stipulations  referred  to  in  arti- 
cles 40  and  41  of  the  law  are  not  attached. 

The  petitions  to  drive  general  galleries  for  explorations,  drainage, 
or  transportation  shall  be  drafted  in  accordance  with  Form  No.  5,  and 
in  the  plan  accompanying  said  petitions  there  shall  be  determined  the 
situation  of  the  registries  and  mines  of  other  persons  interested  which 
they  might  possibly  include. 

ART.  59.  When  the  concession  of  general  galleries  for  exploration, 
drainage,  or  transportation  is  desired,  upon  the  publication  of  the 
surface  plan  in  the  manner  referred  to  in  the  second  paragraph  of 


52  MINING    LAW    APPLIED    TO    CUBA. 

article  41  of  the  law,  the  governor  of  the  province  shall  order  that  the 
proper  personal  notifications  be  made  to  the  persons  interested  and  to 
the  owners  of  the  registries  or  mines  which  are  to  be  included  in  the 
space  the  general  gallery  is  to  traverse. 

If  the  persons  interested  or  the  owners  should  have  empowered  any 
attorneys  or  representatives,  the  notification  shall  be  served  on  them. 

When  the  notification  is  to  be  made  on  account  of  the  existence  of 
the  registries  and  mines  referred  to  in  the  foregoing  paragraph,  the 
provisions  of  article  24  of  the  law  relating  to  explorations  shall  be 
observed,  and  what  may  be  proper  of  the  provisions  of  articles  o,  7, 
14,  16,  27,  34,  and  35  of  these  regulations. 

ART.  60.  The  reservation  of  claims  for  the  constructor  of  a  general 
gallery,  according  to  article  42  of  the  law,  shall  be  requested  by  said 
constructor  when  he  requests  authorization  to  execute  the  works, 
stating  their  number,  and  designating  and  tracing  them  in  the  plan. 
No  registries  or  explorations  whatsoever  shall  be  permitted  on  the 
ground  they  occupy  during  the  time  granted  for  the  execution  of  the 
works  of  the  general  gallery,  and  only  when  the  subterranean  works 
clear  them  and  the  constructor  does  not  make  them  the  object  of  an 
exploration  or  registry  shall  the  engineers,  when  visiting  the  mines 
of  the  region,  give  due  notice  to  the  governor  of  the  province,  so  that 
he  may  order  that  within  the  period  of  fifteen  days  the  constructor  or 
his  representative  choose  between  the  institution  of  the  proper  pro- 
ceedings for  exploration  or  registry,  or  make  a  declaration  that  the 
land  is  free,  renouncing  the  claims  as  they  do  not  suit  him. 

This  declaration  shall  be  made  by  the  governor,  when  proper,  eight 
days  after  the  receipt  of  the  answer  of  the  constructor,  being  pub- 
lished in  the  Boletin  Oficial  of  the  province.  If  the  constructor 
should  not  reply  to  the  intimation  of  the  governor  within  a  period  of 
fifteen  days,  it  shall  be  considered  that  he  renounces  his  right,  and  the 
claims  shall  be  declared  renounced  and  the  land  free. 

In  both  cases  an  appeal  for  revision  lies  to  the  Ministerio  de 
Fomento  within  a  period  of  thirty  days. 

ART.  61.  For  a  variation  of  the  line  or  lines  fixed  in  the  concession 
of  general  galleries  the  proceedings  instituted,  as  prescribed  in  article 
43  of  the  law,  shall  follow  the  same  course  and  shall  contain  the  same 
formalities  as  the  original  proceedings  of  the  concession. 

ART.  62.  In  case  the  persons  interested  do  not  agree  with  the 
appraisements  referred  to  in  the  second  paragraph  of  article  44  of 
the  law,  the  proper  action  shall  be  taken  according  to  the  provisions 
contained  in  articles  5  and  7  of  these  regulations. 

ART.  63.  Before  the  governor  renders  the  proper  decision  in  accord- 
ance with  the  provisions  contained  in  the  second  paragraph  of  article 
41  of  the  law,  he  shall  hear  the  mining  engineer,  who  shall  fix  the 
technical  conditions  to  be  imposed. 


MINING    LAW    APPLIED   TO    CUBA.  53 

CHAPTER  VII. — Concessions  of  dumps  and  scoriae. 

ART.  64.  The  proceedings  which  may  be  instituted  to  obtain  con- 
cessions to  work  dumps  or  scoriae  shall  follow  the  course  prescribed 
in  the  law  and  what  is  established  in  these  regulations  in  Chapters 
IV  and  V  for  registries. 

ART.  65.  The  preference  allowed  the  owner  of  a  dump  or  scoria  by 
article  48  of  the  law,  when  a  stranger  requests  permission  to  work  a 
mine  within  its  boundary,  shall  also  be  granted  when  a  registry,  or 
authority  to  explore  is  requested. 

In  either  case  the  governor,  upon  the  presentation  of  the  petition, 
shall  order  that  the  proper  notification  be  made  to  the  concessioner 
of  the  dump  or  scoria  or  to  his  representative,  and  if,  within  the  period 
of  thirty  days  fixed  in  the  law,  he  shall  not  have  communicated  his 
answer  to  the  governor  of  the  province,  it  shall  be  considered  that  he 
renounces  his  right  of  preference. 

If  the  scoria  or  dump  should  not  be  surveyed  at  the  time  of  the 
presentation  of  the  petition  for  the  registry  or  exploration  of  a  mine, 
the  said  preference  can  not  be  demanded,  nor  shall  the  persons  inter- 
ested in  the  new  claim  enjoy  the  ownership  which  is  granted  them  by 
article  59  of  the  law.  All  shall  subject  themselves  to  the  prosecution 
of  their  proceedings,  which  must  be  the  object  of  a  concession  when 
proper,  without  any  right  of  preference,  provided  that  when  the 
respective  claims  are  worked  the  rules  for  police  and  safety  already 
issued,  or  which  may  subsequently  be  issued,  are  observed. 

CHAPTER  VIII. — General  mining  conditions. 

ART.  66.  Miners  shall  have  the  works  performed  subject  to  the  rules 
governing  the  same,  and  shall  take  care  that  the  mines  are  kept  clean, 
drained,  and  well  ventilated.  All  unsafe  workings  shall  be  consid- 
ered contrary  to  law,  in  which,  in  addition  to  not  strengthening  or  secur- 
ing the  mine,  subsequent  development  is  rendered  impossible  and  the 
lives  of  the  laborers  endangered. 

The  miners  shall  be  obliged  to  preserve  the  landmarks  or  stakes 
which  may  be  fixed  when  the  claims  are  surveyed,  as  well  as  to 
observe  the  provisions  relative  to  strengthening  and  to  policing  and 
sanitation,  which  are  contained  in  the  regulations  on  these  subjects, 
and  the  rules  which  may  be  prescribed  in  each  particular  case  by  the 
engineers  and  those  issued  exclusively  upon  sanitation  by  the  local 
authorities,  after  an  expert  report. 

The  governors,  in  view  of  the  examination  and  report  of  the  proper 
engineer,  shall  fix  in  each  case,  at  the  instance  of  a  party,  the  period 
within  which  the  waters  which  have  accumulated  in  the  workings  of 
a  mine  are  to  be  removed,  observing  the  greatest  exactness  in  this 
matter  and  fixing  the  shortest  period  possible,  in  order  to  avoid  the 
development  of  one  mine  at  the  expense  or  to  the  detriment  of  another. 


54  MINING    LAW   APPLIED   TO    CUBA. 

ART.  67.  For  the  purposes  and  enforcement  of  the  foregoing  article, 
and  for  the  fulfillment  of  the  provisions  contained  in  the  law  and 
these  regulations,  the  owners  of  one  or  more  mines  and  the  conces- 
sioners of  galleries,  explorations,  dumps,  and  scoriae  shall  keep  a 
bound  book,  folioed  and  rubricated  on  all  its  leaves  by  the  proper 
mayor. 

This  book  shall  be  entitled  "'Book  of  visits  to  the  mine  (gallery  or 

exploration)  of  -  — ,  situated  in  the  district  of ,"  and  on  the 

first  page  thereof  a  memorandum  shall  be  made  by  the  proper  mayor 
and  the  secretary  of  the  municipality  of  the  folios  composing  the  book. 

ART.  68.  The  engineers,  at  least  once  a  year,  if  not  prevented  there- 
from, by  more  urgent  requirements  of  the  service,  shall  make  visits  to 
the  mines  and  mining  works  and  shall  enter  in  the  shape  of  a  memo- 
randum in  the  book  referred  to  in  the  foregoing  article  the  condition 
in  which  they  find  them  and  the  defects  they  observe  in  their  work- 
ings, establishing  the  rules  they  may  deem  proper  with  regard  to 
their  method,  as  well  as  with  relation  to  the  policing,  sanitation,  and 
all  that  may  be  necessary  for  the  development  of  the  industry  and  the 
legitimate  benefit  of  the  explorers. 

During  the  said  visits  the  notices  referred  to  in  articles  20  and  60  of 
these  regulations  shall  be  given. 

In  the  office  of  the  chief  of  each  district  there  shall  also  be  kept  a 
folioed  and  rubricated  book  in  which  to  record  the  visits  to  mines.  In 
this  book  the  engineers  shall  make  an  entry,  authenticated  by  their 
superior,  of  the  result  of  each  of  the  visits  made  and  the  rules  or 
notices  they  may  have  entered  in  the  book  of  the  mine  or  other  works 
of  this  character. 

This  shall  not  prevent  their  informing  the  governors,  through  the 
proper  chief,  of  serious  faults  which  they  may  not  have  been  able  to 
prevent  during  their  official  visits  to  the  mining  region  and  which 
should  be  remedied,  or  which  require  discipline  or  punishment,  accord- 
ing to  the  provisions  of  the  law. 

ART.  69.  The  works  of  a  concession  may  be  concentrated  on  any  of 
the  different  claims  of  which  it  consists,  but  it  is  an  indispensable 
requisite  that  the  working  force  corresponding  to  all  of  them  be 
employed  in  accordance  with  the  provisions  of  articles  50  and  52  of 
the  law. 

Miners  having  different  concessions  may  enjoy  the  same  benefit 
when  they  adjoin  each  other.  For  this  purpose  claims  shall  be  con- 
sidered as  adjoining  when  there  is  not  space  between  them  sufficient 
to  form  a  complete  or  incomplete  claim. 

The  miners  included  in  the  case  of  the  foregoing  paragraph  may, 
furthermore,  extend  the  benefit  of  the  concentration  of  labor  to  any 
other  mines  they  may  have  in  the  same  region,  provided  the  two 
following  circumstances  are  attendant : 

1.  That  the  number  of  said  separated  mines  is  less  than  half  of 
those  forming  the  principal  group. 


MINING    LAW    APPLIED    TO    CUBA.  55 

•2.  That  the  distance  between  the  mines  does  not  exceed  the  space 
which  four  claims  of  their  kind  might  occupy. 

ART.  70.  It  being  very  difficult,  if  not  impossible,  to  fix  in  advance 
with  regard  to  a  mine  in  which  as  yet  work  has  not  begun  what  is 
the  labor  required  in  order  to  consider  it  as  worked  in  the  manner 
required  by  law,  what  is  prescribed  on  this  point  in  article  53  of  the 
same  refers  to  and  must  be  understood  only  in  cases  in  which  it  is 
desired  to  verify,  either  officially,  in  proceedings,  or  at  the  instance  of 
a  party,  if  a  mine  has  been  abandoned  or  not,  this  fact  being  ascer- 
tained by  the  engineers  taking  into  consideration  the  nature  of  the 
ground,  the  character  of  work  done,  and  other  conditions  which  may 
have  been  encountered  in  each  working. 

In  these  cases  the  engineers  shall  also  consider  the  mechanical  force 
which  may  have  been  employed,  as  well  as  the  work  done  for  extraor- 
dinary drainages  b}'  reason  of  unforeseen  inundations,  and  the  works 
of  general  galleries  for  drainage  and  transportation  which  may  be 
indispensable  or  are  well  known  to  be  useful  for  the  working  and 
development  of  the  mines  or  scoriae ;  and  in  the  computation  of  all 
this  with  regard  to  the  work  done  the  rules  and  conditions  which, 
according  to  the  circumstances  of  each  case,  are  considered  most 
proper,  shall  b6  observed. 

After  the  engineer  has  rendered  his  report  in  proceedings  of  this 
character,  the  governor,  before  rendering  a  decision,  shall  order  that 
the  former  be  communicated  to  the  owner  or  concessioner  of  the  mine, 
in  order  that  he  may  state  whether  he  agrees  thereto  or  not,  and  in  a 
proper  case  the  provisions  contained  in  the  second  paragraph  of  said 
article  53  of  the  law  shall  be  observed  with  regard  to  the  appointment 
of  experts. 

Only  such  individuals  as  possess  diplomas  as  mining  engineers,  or 
who  are  authorized  as  such  by  the  department,  shall  be  considered 
experts  in  these  cases,  in  accordance  with  the  prescriptions  contained 
in  the  first  of  the  general  provisions  of  these  regulations. 

ART.  71.  The  owners  of  claims  which  produce  the  products  which 
the  fiscal  laws  declare  are  subject  to  the  control  of  the  department  of 
finance  can  only  dispose  of  the  same  with  the  intervention  and  under 
the  conditions  fixed  by  said  department  or  its  dependencies. 

ART.  7:2.  In  addition  to  the  general  obligations  imposed  by  the  law 
and  these  regulations  upon  miners,  they  shall  be  subject  to  the  pri- 
vate conditions  which  may  be  imposed  in  each  special  case,  and  which 
shall  be  stated  and  included  in  the  title  of  ownership  and  in  the 
authorizations  which  may  be  granted. 

The  rural  guard  shall  fulfill  the  duties  corresponding  to  its  institu- 
tion with  regard  to  minerals,  buildings,  implements,  and  other  objects 
the  property  of  miners,  which  are  on  the  surface  of  the  claims. 

The  governors  may,  furthermore,  when  required  by  circumstances 
or  by  the  conditions  of  each  mining  region,  issue  special  rules  or 


56  MINING   LAW    APPLIED   TO    CUBA. 

notices,  hearing  the  chief  engineer,  in  order  that  the  surveillance 
of  the  rural  guard  shall  offer  the  safest  guaranty  to  this  class  of 
property. 

ART.  73.  Upon  the  presentation  of  the  petitions  for  registry,  whether 
the  claim  be  complete  or  incomplete,  of  surplus  lands,  explorations,  of 
dumps  and  scoria?,  and  for  the  reduction  of  the  mineral  products 
mentioned  in  article  3  of  the  law,  and  of  auriferous  or  stanniferous 
sands  in  fixed  establishments,  the  persons  interested  shall  pay  the 
sum  of  30  escudos.  No  petition  shall  be  received  if  the  payment  of 
the  sum  mentioned  is  omitted.  In  petitions  relating  to  mining  groups 
the  provisions  contained  in  article  42  of  these  regulations  shall  be 
observed. 

ART.  74.  The  amounts  resulting  from  the  payment  of  the  30  escudos 
referred  to  in  the  foregoing  article  shall  be  covered  into  the  treasuries 
of  the  province  by  the  governors  weekly,  being  held  at  their  disposal 
to  pay  the  daily  salaries  of  the  engineers  and  assistants.  The  surplus 
resulting  shall  be  returned  to  the  persons  interested. 

If  with  the  30  escudos  the  expenses  of  the  proceedings  for  which 
they  were  deposited  should  not  be  covered,  the  persons  interested  or 
their  representatives  shall  be  obliged  to  pay  what  may  be  wanting 
within  a  period  of  eight  days  from  the  date  they  received  notice  of 
the  excess  of  expenses. 

The  notification  shall  be  included  in  the  proceedings  as  well  as  the 
payment,  with  the  formalities  required  by  articles  31  and  38  of  these 
regulations. 

Every  six  months  a  statement  of  the  receipts  and  expenditures  of 
the  funds  referred  to  in  this  article  shall  be  published  in  the  Boletin 
Oficial  of  the  province. 

The  provisions  contained  therein  shall  be  considered  as  a  comple- 
ment to  the  prescriptions  of  article  61  of  the  law  and  of  article  56  of 
the  regulations,  with  regard  to  surveys. 

CHAPTER  IX. — Cancellation  of  proceedings,  forfeiture  of  concessions,  and  procedure 

in  new  awards. 

ART.  75.  In  accordance  with  the  provisions  contained  in  article  64 
of  the  law,  no  petition  for  registry,  surplus  land,  exploration,  the  con- 
cession of  dumps  or  scoria?,  the  development  of  the  mineral  products 
mentioned  in  article  3  of  the  said  law,  and  the  working  and  develop- 
ment of  auriferous  or  stanniferous  sands,  shall  be  admitted  unless 
the  amount  fixed  by  article  73  of  these  regulations  is  paid,  and  until 
a  surface  plan  is  delivered,  as  prescribed  in  article  29  of  the  same. 

Neither  shall  petitions  for  registry  or  explorations  be  admitted  which 
refer  to  lands  already  registered  or  explored,  the  proceedings  for 
which  are  being  passed  upon  and  whose  petitions  have  been  admitted 
and  the  surface  plan  published. 

Nevertheless,  petitions  for  registry  or  exploration  relating  to  lands 
which  are  the  object  of  proceedings  already  instituted  may  be 


MINING   LAW    APPLIED   TO    CUBA.  57 

admitted  when  it  is  stated  in  said  petitions  that  they  contain  errors 
which  invalidate  them,  or  when,  even  though  this  is  not  stated,  there 
is  sufficient  cause  to  believe  that  said  errors  or  defects  exist.  In  such 
cases,  if  the  nullity  is  certain  and  it  is  proper  to  declare  it,  subject  to 
the  precepts  of  the  law  and  regulations,  the  governor  shall  issue  the 
proper  orders  for  the  purpose,  the  new  proceedings  following  the  legal 
course.  When  the  cause  for  nullity  alleged  does  not  exist,  the  peti- 
tion for  exploration  or  registry  presupposing  it,  shall  be  rejected, 
becoming  null  and  void,  and  the  original  proceedings  shall  continue 
their  course  in  the  proper  time  and  manner. 

As  soon  as  any  of  the  persons  interested  become  involved  in  any  of 
the  faults  mentioned  in  the  said  article  64,  and  when  that  mentioned 
in  the  second  paragraph  of  this  article  occurs,  the  governors  shall 
decree  the  cancellation  of  the  proceedings  as  null  and  void,  ordering 
that  the  notifications  to  the  parties  be  duly  and  properly  made. 

The  publications  in  the  Boletines  of  the  decrees  of  cancellation 
shall  not  be  made  until  said  rulings  are  final,  this  being  understood 
without  prejudice  to  the  provisions  contained  in  the  third  paragraph 
of  article  40  of  these  regulations. 

ART.  76.  In  the  cases  referred  to  in  the  second  and  third  paragraphs 
of  the  foregoing  article  the  canceled  proceedings  can  not  be  revali- 
dated  or  have  any  effect  at  any  time  whatsoever,  even  though  the 
preferred  proceedings  which  gave  rise  to  the  nullity  of  the  former 
should  also  subsequently  become  null  and  void. 

ART.  77.  In  addition  to  the  concessions  referred  to  in  article  65  of 
the  law,  in  determining  the  causes  which  are  to  give  rise  to  a  declara- 
tion of  nullity,  the  right  to  a  general  gallery  shall  be  forfeited  and 
lost,  provided  that  the  conditions  under  which  its  execution  was 
authorized  are  not  fulfilled  or  complied  with. 

ART.  78.  The  proceedings  instituted  ex  officio  for  the  declaration  of 
forfeiture  shall  begin  with  the  decree  of  the  governor,  stating  the 
causes  which  give  rise  thereto.  This  resolution  shall  be  communi- 
cated to  the  concessioner,  in  order  that  within  the  period  of  fifteen 
days  he  may  state  what  he  wishes  in  support  of  his  right.  Upon  the 
expiration  of  this  period,  with  or  without  an  answer,  the  governor 
shall  order,  if  he  considers  it  necessary,  that  the  proper  investigations 
be  officially  made  to  clear  up  the  facts,  and  shall  call  for  a  report  of 
the  engineer  on  whom  it  is  incumbent  to  render  it,  the  provisions  con- 
tained in  article  70  of  these  regulations  being  afterwards  observed. 

After  the  proceedings  have  been  thus  instituted  the  governor  shall 
declare,  as  may  be  proper,  the  forfeiture  of  or  the  continuance  of  the 
concession. 

The  same  procedure  shall  be  observed  when  the  proceedings  are 
instituted  at  the  instance  of  a  party,  the  governor  being  obliged  to 
issue  an  order  for  the  institution  of  the  proceedings  as  soon  as  the 
petition  is  presented. 

It  shall  be  ordered  therein  that  the  petition  of  the  new  register  be 


58  MINING    LAW    APPLIED    TO    CUBA. 

submitted  to  the  engineer  for  a  report,  and  that  the  fact  of  its  pres- 
entation be  communicated  to  the  concessioner,  in  order  that  he  may 
state  what  he  considers  proper  within  the  period  of  fifteen  days.  The 
engineer  must  make  the  examination  and  render  his  report  within  the 
two  months  following  the  presentation  of  the  petition  and  without 
prejudice  to  reporting  on  each  and  every  one  of  the  circumstances 
alleged  by  the  register  as  a  basis  for  his  claim  and  to  taking  into  con- 
sideration the  provisions  of  article  70.  His  report  must  include — 

1.  The  condition  and  character  of  the  works  of  the  claim  or  claims 
in  question,  fixing,  with  the  greatest  exactness,  the  measure  of  their 
respective  importance  and  their  total  extent. 

2.  The  measure  and  extent,  according  to  an  approximate  calcula- 
tion, of  the  works  of  the  same  class  which  could  have  been  performed 
each  year  during  the  period  and  with  the  workmen  required  by  law, 
counted  from  the  possession  of  the  concessioner. 

The  register  as  well  as  the  concessioner  may  appoint  an  engineer  to 
act  with  the  one  appointed  by  the  governor,  and  their  reports  shall 
be  attached  to  the  proceedings. 

After  this  has  been  done  and  the  provisions  contained  in  the  second 
paragraph  of  article  53  of  the  lawT  and  in  the  third  and  fourth  para- 
graphs of  these  regulations  have  also  been  observed,  in  a  proper  case, 
the  governor  shall  render  the  proper  ruling  within  the  period  of  one 
month. 

Proceedings  of  forfeiture  instituted  bj^  reason  of  the  formal  and 
explicit  abandonment  of  the  concession  shall  be  considered  ex  officio, 
in  which  case  the  provisions  of  articles  62  and  63  of  the  law  shall  also 
be  observed. 

In  order  that  the  person  who  brings  an  action  before  the  courts 
against  the  possessor  of  a  mine  may  have  the  right  mentioned  in  the 
last  paragraph  of  article  65  of  the  law,  it  is  necessary  that  the  follow- 
ing circumstances  be  attendant:  First,  that  the  proceedings  on  the 
renunciation  or  forfeiture  of  the  mine  were  instituted  in  the  civil 
government  subsequent  to  the  bringing  of  the  suit  before  the  courts, 
because  should  it  have  been  done  beforehand  the  litigant  can  not 
allege  any  right  against  the  result  thereof,  even  though  he  should 
obtain  a  judgment  in  his  favor  from  the  courts;  arid,  second,  that 
within  a  period  of  eight  days  after  the  institution  of  the  suit  before 
the  courts,  the  litigant  present  an  instrument  to  the  governor,  bind- 
ing himself  to  keep  a  force  of  workmen  on  the  mine  during  the  suit 
in  case  the  concessioner  should  renounce  it  and  in  case  said  authority 
should  have  notice  of  the  abandonment  of  the  works. 

After  this  last  requisite  has  been  complied  with  by  the  litigant  the 
governor  shall  take  the  proper  action  in  order  that  the  former  may 
perform  the  mining  labors,  prescribing  at  the  same  time  what  may  be 
necessary  with  regard  to  intervention  in  the  works  and  a  bond  to 
answer  for  the  mineral  which  may  be  worked. 


MINING    LAW    APPLIED    TO    CUBA.  59 

If  after  the  litigant  has  been  authorized  to  perform  the  labors  he 
should  not  begin  the  same  within  the  period  which  may  be  fixed  by 
the  governor,  which  shall  not  exceed  four  months,  or  if  he  should 
abandon  them  after  their  commencement,  giving  rise  to  forfeiture  of 
the  concession,  he  shall  not  have  the  right  mentioned  in  the  said  last 
paragraph  of  article  65  of  the  law. 

ART.  79.  For  a  better  understanding  of  the  provisions  contained  in 
the  foregoing  article  and  in  the  second  and  fourth  paragraphs  of 
article  68  of  the  law  the  following  rules  shall  be  observed : 

1.  The  proceedings  for  forfeiture  at  the  instance  of  a  party  must 
be  instituted  by  means  of  a  petition  for  registry,  subject  to  all  the  con- 
ditions and  accompanied  with  all  the  requisites  fixed  by  the  law  and 
regulations  for  petitions  of  that  character.     The  only  difference  shall 
be  a  statement  in  the  petition  to  the  effect  that  a  previous  concession 
exists  with  regard  to  the  land  desired,  the  name  of  said  concession  and 
that  of  the  concessioner  being  stated  if  known,  and  that,  there  being 
evident  reasons  for  the  forfeiture,  according  to  the  law  and  these 
regulations,  on  account  of  the  faults  which  shall  be  mentioned  in 
detail,  it  is  desired  that  after  the  declaration  of  forfeiture  the  registry 
proceedings  be  instituted  and  proceeded  with.     When  the  forfeiture 
of  an  exploration  is  in  question  it  shall  be  applied  for  by  means  of  a 
petition  for  exploration,  with  the  conditions  and  formalities  which 
are  obligatory,  the  indications  required  for  registries  in  the  foregoing 
case  being  made. 

2.  After  the  forfeiture  has  been  decreed  and  executed,  from  the 
date  on  which  this  takes  place  the  time  shall  begin  to  be  counted  in 
which  to  request  the  survey ;  but  if  the  forfeiture  should  not  be  or  is 
not  considered  proper,  and  the  former  concession  is  declared  in  force, 
the  cancellation  of  the  registry  of  exploration  proceedings  shall  at 
once  be  declared. 

When  the  mine  forfeited  should  not  have  the  area  for  a  complete 
or  incomplete  claim  of  its  class  fixed  by  article  13  of  the  law,  and 
there  should  be  no  free  land  near  by  to  make  up  the  claim  requested 
by  the  new  registry,  the  latter  shall  be  declared  null  and  the  land 
shall  be  awarded  as  surplus  land,  in  accordance  with  the  provisions 
contained  in  article  15  of  the  said  law. 

3.  When  simply  a  registry  or  exploration  is  requested,  without  stat- 
ing that  there  exists  a  prior  concession  of  the  land  requested,  and 
without  consequently  requesting  the  proper  declaration  of  forfeiture, 
this  circumstance  shall  not  invalidate  what  has  been  requested,  nor 
shall  it  affect  the  granting  of  the  concession  asked  for.     What  shall 
be  done  at  any  stage  of  the  proceedings  of  exploration  or  registry,  as 
soon  as  information  is  received  of  the  existence  of  a  previous  conces- 
sion which  has  not  legally  lapsed,  will  be  the  suspension  of  the  con- 
tinuation of  the  proceedings  in  course  for  the  purpose  of  at  once 
taking  the  proper  steps  for  the  declaration  which  may  be  proper,  the 


60  MINING    LAW    APPLIED   TO    CUBA. 

proceedings  being  resumed  according  to  their  status  as  soon  as  the 
forfeiture  is  final,  or  otherwise  being  canceled. 

4.  If  the  existence  of  a  prior  concession  with  regard  to  the  land 
requested  should  not  be  known  or  should  not  appear,  and  the  pro- 
ceedings should  continue  to  the  point  of  the  granting  of  the  explora- 
tion or  registry  after  the  expiration  of  the  period  in  which  to  appeal, 
according  to  the  law  and  article  86  of  these  regulations,  without  it 
having  been  done,  no  remedy  whatsoever  shall  be  admitted,  the  pur- 
pose of  which  is  to  annul  the  new  proceedings,  based  on  the  absence 
of  the  previous  declaration  of  forfeiture.  For  these  cases  and  for  all 
subsequent  legal  purposes  the  concession  relating  to  the  land  with 
regard  to  which  a  concession  of  any  kind  whatsoever  may  have  been 
obtained,  shall  be  considered  as  forfeited. 

CHAPTER  X. — Reduction  works. 

ART.  80.  Every  reducer  of  minerals  in  fixed  establishments  shall 
obtain  the  rights  and  contract  the  obligations  referred  to  in  article  71 
of  the  law. 

CHAPTER  XI.— Taxes  with  regard  to  mining. 

ART.  81.  When  the  proceedings  have  reached  such  a  stage  that  the 
annual  surface  tax  is  due,  in  accordance  with  the  provisions  con- 
tained in  articles  80  and  81  of  the  law,  the  governors  must,  under  their 
liability,  forward  the  proper  notice  to  the  respective  dependencies  of 
the  treasury,  in  order  that  the  amount  due  therefor  may  be  collected. 

In  the  proceedings  there  shall  be  stated  that  this  formality  has 
been  complied  with,  and  a  memorandum  to  this  effect  shall  be  visaed 
by  the  governor,  and  shall  also  bear  the  full  signature  of  the  official 
in  charge. 

The  same  shall  be  done  for  the  opposite  purposes  when  a  survey  is 
annulled,  and  when  the  forfeiture  of  a  concession  becomes  final. 

ART.  82.  It  is  the  duty  of  the  department  of  the  treasury  to  issue 
the  resolutions  it  may  consider  proper  for  the  collection  of  the  taxes 
established  in  chapter  12  of  the  law. 

CHAPTER  XII. — Authority  and  jurisdiction  in  mining. 

ART.  83.  The  terms  in  which  to  appeal  from  the  decisions  of  the 
provincial  council  to  the  council  of  state  in  the  suits  of  forfeiture 
referred  to  in  article  68  and  in  the  second  paragraph  of  article  88  of 
the  law,  shall  be  those  fixed  for  all  appeals  in  the  regulations  in  force 
en  the  mode  of  procedure  in  litigation  in  which  the  administration  is 
a  party,  or  those  which  may  be  fixed  hereafter  in  the  law  and  regula- 
tions relating  to  the  same  subject. 

In  order  to  take  an  administrative  appeal  to  the  Ministerio  de 
Fqmento  from  the  rulings  of  the  governor  in  the  cases  referred  to  in 
articles  67  and  88  of  the  law  it  shall  be  filed  within  the  term  of  thirty 


MINING   LAW   APPLIED   TO   CUBA.  61 

days,  which  is  established  in  the  first  paragraph  of  article  67  and  in 
the  last  paragraph  of  article  88  for  this  purpose.  These  appeals 
shall  always  be  presented  to  the  governors,  who  shall  forward  them 
to  the  department,  with  the  respective  proceedings,  for  the  decision 
which  may  be  proper.  Appeals  may  be  forwarded  to  the  department 
directly  only  in  case  the  governor  should  refuse  or  oppose  the  admis- 
sion of  the  appeal  for  review. 

From  the  rulings  of  the  governors  declaring  the  forfeiture  an  appeal 
lies  to  the  provincial  council  within  the  term  of  thirty  days,  also  fixed 
for  this  purpose  in  the  third  paragraph  of  article  68  of  the  law,  and 
in  the  said  last  paragraph  of  article  88  of  the  same. 

ART.  84.  In  addition  to  the  cases  in  which,  by  article  89  of  the  law, 
an  appeal  lies  to  the  council  of  state  from  the  royal  orders  definitely 
deciding  mining  proceedings,  it  shall  also  be  admitted  in  accordance 
with  articles  25  and  26  of  the  regulations  of  July  27,  1853,  for  the  exe- 
cution of  the  law  of  eminent  domain  for  reasons  of  public  utility  in 
questions  arising  on  account  of  the  nonagreement  of  the  persons 
interested  with  the  appraisals  of  the  indemnifications  referred  to  in 
articles  5,  11,  44,  and  71  of  the  law,  and  in  articles  5,  7,  ife,  17,  27,  43, 
59,  62,  and  80  of  these  regulations. 

ART.  85.  Appeals,  administrative  as  well  as  litigative,  which  may 
be  brought  by  the  persons  interested  with  regard  to  indemnities,  shall 
not  interrupt  the  works  nor  the  course  of  the  respective  proceedings, 
and  therefore  the  provisions  of  article  7  of  these  regulations  shall  be 
complied  with. 

ART.  86.  No  appeals  bat  to  the  council  of  state,  allowed  in  accord- 
ance with  the  law  and  regulations,  shall  be  admitted  through  litigative 
channels  and  taken  by — 

1.  The  persons  interested  who  are  granted  or  refused  permission  to 
make  mining  explorations  or  investigations  which  are  the  object  of  the 
respective  proceedings,  in  the  three  cases  mentioned  in  article  89  of 
the  law. 

2.  The  persons  interested  in  the  same  three  cases  who  may  have 
made  their  objections  to  the  governors  within  the  legal  period. 

3.  Those  who  may  have  protested  at  the  time  of  the  surveys  against 
the  same  and  its  consequences. 

4.  The  concessioners  to  whose  land  a  new  concession  may  have 
been  granted  owing  to  ignorance  of  their  rights. 

5.  By  the  persons  interested  or  owners  of  claims,  provided  it  is 
desired  to  change  the  situation  or  invade  the  ground  included  within 
their  claims. 

6.  The  persons  interested  who  are  not  satisfied  with  the  appraisal  of 
indemnity  referred  to  in  article  84  of  these  regulations. 

In  order  to  take  these  appeals,  the  period  of  thirty  days  fixed  by 
article  91  of  the  law  shall  be  counted,  according  to  the  cases,  from  the 
date  of  the  notification  or  of  the  publication  of  the  royal  orders  in  the 


62  MINING    LAW    APPLIED    TO    CUBA. 

Boletin  Oficial  of  the  province,  to  the  day  it  is  filed  in  the  general 
office  of  the  council  of  state. 

Upon  the  expiration  of  the  periods  mentioned,  as  well  as  of  all  those 
within  which  the  law  and  these  regulations  grant  the  privilege  to 
object  or  file  an  administrative  appeal,  the  rulings  and  resolutions 
shall  be  final. 

If  the  third  objectors  are  the  appellants  against  the  concessions 
granted,  in  order  to  validate  the  suits  with  regard  to  the  concession- 
ers, the  citation  of  the  latter  shall  be  necessary,  but  not  their  appear- 
ance, it  being  understood  that  they  renounce  their  right  to  be  heard 
if  within  the  period  of  the  summons  they  do  not  attend  the  suit. 

When  the  persons  who  were  not  granted  a  concession  after  the 
survey  was  made  are  the  appellants,  in  order  that  the  suits  may  be 
valid  with  regard  to  the  third  objectors,  the  citation  of  the  latter  shall 
also  be  necessary,  but  not  their  appearance,  it  being  understood  that 
they  renounce  their  rights  to  be  heard  in  the  same  manner  as  is  estab- 
lished for  concessioners. 

The  latter,  as  well  as  the  third  objectors,  in  the  cases  referred  to  in 
the  two  foregoing  paragraphs,  shall  have  no  other  character  in  taking 
part  in  the  suits  than  that  of  coadjutors  of  the  administration. 

ART.  87.  In  order  to  fulfill  the  conditions  contained  in  article  94  of 
the  law  it  must  be  remembered  that  the  jurisdiction  corresponding  to 
the  ordinary  courts  in  all  questions  with  regard  to  mines,  dumps, 
scoriae,  galleries,  or  tunnels  and  reduction  works,  instituted  between 
parties,  relating  to  their  ownership,  must  be  understood  as  including 
a  case  in  which  the  State  may  have  granted  the  proper  concessions, 
assigning  the  ownership  which  the  law  admits  in  the  substances  men- 
tioned in  article  1 ;  but  if  suits  are  in  question  with  regard  to  a  better 
right  of  ownership  not  yet  granted  by  the  administration,  the  courts 
shall  not  confer  any  more  rights  by  their  decisions  than  the  adminis- 
tration may  grant  at  the  proper  time. 

Contentions  between  the  same  parties  with  regard  to  participation 
in  the  expenses  of  working  and  in  profits,  and  relating  to  doubts  aris- 
ing in  some  question  or  other,  shall  always  be  of  the  competency  of 
the  courts,  but  said  cognizance  in  this  case,  as  well  as  in  that  indi- 
cated in  the  last  portion  of  the  foregoing  paragraph,  shall  not  affect 
nor  hinder  the  administrative  action  to  institute  and  close,  in  a  proper 
manner,  the  proceedings  involving  the  claims  and  mining  works, 
which  are  the  origin  of  the  contentions. 

The  administrative  concession  of  one  or  many  claims,  scoriae,  explo- 
rations, galleries,  reduction  works,  and  any  other  kind  of  mining 
works  shall  never  be  an  obstacle  to  a  due  fulfillment  of  what  may  be 
decided  in  the  final  decisions  of  the  courts  on  ownership  or  partici- 
pation therein. 

Questions  instituted  with  regard  to  superimpositions  and  correction 
of  the  limits  of  claims  and  mining  works,  on  the  surface  as  well  as 


MINING    LAW    APPLIED   TO    CUBA.  63 

underneath  the  surface  of  mines,  come  under  the  exclusive  jurisdic- 
tion of  the  administration;  but  the  cognizance  of  claims  made  with 
regard  to  the  improper  extraction  of  minerals  and  the  indemnification 
of  losses  and  damages  in  mines  or  concessions  already  granted  by  the 
state  and  involving  the  ownership  and  rights  of  individuals  or  com- 
panies, comes  under  the  jurisdiction  of  the  ordinary  courts. 

According  to  article  95  of  the  law,  and  in  accordance  with  the  spirit 
of  its  prescriptions,  the  courts  of  competent  jurisdiction  in  causes  insti- 
tuted with  regard  to  defrauding  of  the  public  treasury  shall  also  be 
competent  in  causes  instituted  and  arising  by  reason  of  the  explora- 
tion, development,  and  alienation  of  minerals,  if  said  acts  take  place 
before  the  legal  concession  of  the  respective  claims  has  been  obtained. 

ART.  88.  The  engineers  of  the  mining  corps  shall  be  the  only 
experts  for  all  legal  purposes  in  suits  of  which  ordinary  cburts  take 
cognizance. 

CHAPTER  XIII. — The  corps  of  mining  engineers. 

ART.  89.  Mining  engineers  and  the  professional  assistants  shall  be 
subject  to  their  orgariic  regulations,  and  shall  comply  with  the  pre- 
cepts thereof,  and  any  other  provisions  which  may  hereafter  be 
issued  for  the  fulfillment  of  their  duties,  discharging  with  the  greatest 
zeal  and  diligence,  in  the  order  and  manner  prescribed  in  the  said 
regulations,  all  the  duties  and  obligations  intrusted  to  them  and 
designated  in  the  law  of  mines  and  in  these  regulations. 

GENERAL  PROVISIONS. 

1.  There  shall  be  considered  as  experts  for  the  purposes  mentioned 
in  the  first  general  provision  of  the  law  and  in  article  70  of  the  regu- 
lations : 

1.  The  engineers  belonging  to  the  corps  supported  by  the  State. 

2.  Those  who  possess  a  diploma  as  mining  engineers,  and  those  who 
are  entitled  thereto  by  reason  of  having  pursued  the  career  as  day 
pupils  in  the  special  school  of  mines  and  have  passed  the  general 
examinations. 

3.  Those  who  have  a  diploma  as  mining  engineers  issued  by  any 
foreign  Government,  and  those  who  may  have  made  the  proper  studies 
in  any  country. 

In  order  that  those  included  in  the  last  case  may  be  considered  as 
experts  in  Spain  it  shall  be  necessary  that  they  prove  that  they  have 
obtained  the  proper  authorization  from  the  Ministerio  de  Fomento. 

The  department  shall  grant  or  refuse  these  authorizations  upon 
the  petition  of  the  persons  interested,  submitted  with  the  proper 
documents,  after  hearing  the  technical  mining  board. 

2.  All  the  periods  fixed  in  these  regulations,  as  well  as  those  estab- 
lished in  the  law,  can  not  be  extended  and  are  final,  holidays  being 
included  therein,  and  shall  begin  to  be  counted  from  the  day  follow- 


64  MINING    LAW    APPLIED    TO    CUBA. 

ing  that  on  which  the  administrative  notice  may  have  been,  when  the 
persons  interested  or  their  representatives  reside  in  the  respective 
capital.  Should  they  not  reside  there  the  notifications  shall  be  made 
through  the  Boletines  Oficiales,  inserting  the  ruling  or  the  portion 
thereof  which  gives  rise  thereto,  and  the  period  shall  begin  to  be 
counted  from  the  day  following  that  on  which  this  may  have  taken 
place. 

3.  The  administrative  notices  referred  to  in  the  first  of  the  general 
provisions  of  the  law  may  be  given  by  any  employee  or  agent  of  the 
authority  to  whom  the  governors  intrust  this  commission.     In  said 
notifications  there  shall  be  stated,  and  under  no  pretext  shall  its 
immediate  performance  be  delayed,  that  a  copy  of  the  decree,  ruling, 
decision,  or  resolution  giving  rise  thereto  was  delivered  to  the  persons 
interested,  the  person  notified  signing  with  the  person  making  the 
notification,  or  by  two  witnesses,  should  he  not  know  how  to  write  or 
refuse  to  sign. 

4.  All  this  work  shall  be  gratuitous  in  mining  proceedings,  and  no 
other  fees  shall  be  collected  from  the  parties  but  those  designated  in 
the  regulations  and  for  the  purposes  mentioned  therein. 

The  daily  salaries  of  the  engineers  for  the  official  work  mentioned 
in  articles  62  of  the  law  and  68  and  78  of  these  regulations  shall  be 
defrayed  from  the  general  budget  of  the  State  when  the  concessioners 
or  registers  may  have  complied  with  the  provisions  of  the  law  and 
regulations  in  abandoning  the  respective  claims.  Otherwise  the 
respective  persons  interested  shall  pay  the  same  in  addition  to  the 
fines  they  may  have  incurred.  In  cases  of  insolvency  the  payment 
shall  be  made  from  the  general  funds,  the  right  to  bring  an  action 
against  the  debtors  to  secure  reimbursement  being  reserved  at  all 
times. 

The  accounts  for  payments  for  examinations,  which  are  always  to 
be  paid  by  the  State,  shall  be  kept  properly  separated.  The  govern- 
ors shall  approve  them  when  proper,  stating  the  legal  reason  or 
motive  for  the  payment  by  the  State,  and  shall  forward  them  to  the 
interior  department,  in  order  that  the  latter  may  order  their  payment. 

The  salaries  earned  per  day  by  the  engineers  in  the  cases  referred 
to  in  article  88  of  these  regulations  shall  be  for  the  account  of  the 
persons  interested  in  civil  suits  and  with  regard  to  criminal  actions, 
for  the  account  of  whoever  may  be  condemned  to  pay  the  costs. 

The  inquiries  made  or  reports  requested  of  engineers  by  the  courts 
shall  be  made  and  returned  through  the  governors,  except  in  the  spe- 
cial cases  in  which  the  inferior  or  superior  court  requires  the  engineer 
to  testify  before  them. 

5.  In  the  administrative  proceedings  all  the  documents  of  the  per- 
sons interested  shall  be  drafted  on  the  proper  stamped  paper,  accord- 
ing to  the  provisions  in  force  on  the  subject.     The  rulings,  reports, 
and  other  administrative  proceedings  which  can  not  be  included  in 


MINING    LAW    APPLIED    TO    CUBA.  65 

said  documents  shall  be  continued  on  official  stamped  paper,  or  on 
that  used  by  the  authorities  or  employees  who  take  part  in  the  insti- 
tution and  course  of  the  proceedings. 

All  the  proceedings  shall  be  inclosed  in  the  proper  wrapper  accord- 
ing to  form  number  6,  and  the  officials  intrusted  with  the  same  shall 
never  neglect  to  make  the  proper  entries,  in  order  that  the  date  of  the 
presentation  of  the  instruments  may  be  seen,  those  on  which  the  pro- 
ceedings are  forwarded  to  the  engineer  and  to  the  provincial  council 
and  those  on  which  they  are  returned,  as  well  as  entries  showing  that 
the  provisions  of  the  ruling  of  the  governor  have  been  complied  with. 

G.  The  governors  only  may  grant  to  the  parties,  on  their  request 
and  when  they  believe  it  proper,  certificates  of  the  contents  of  the 
proceedings,  and  shall  be  visaed  by  them  and  issued  by  the  chief  of 
the  section  of  Foinento,  or  by  the  person  acting  in  his  stead,  and  the 
officials  of  the  provincial  government  as  well'as  the  mining  engi- 
neers are  forbidden  under  their  strictest  liability  to  act  in  contraven- 
tion hereto. 

7.  At  no  time  and  for  no  reason  whatsoever  shall  the  original  pro- 
ceedings be  delivered  to  the  parties ;  but  upon  an  order  of  the  gov- 
ernor they  may  be  exhibited  in  the  offices,  when  proper,  in  order  that 
they  may  be  examined  by  the  persons  requesting  it,  who  may  take 
such  memoranda  as  they  may  deem  proper.     The  original  proceed- 
ings shall  be  sent  only  to  the  provincial  councils  when  they  are  to 
make  an  administrative  report,  or  when  they  are  to  take  cognizance 
thereof  in  administrative  litigation,  and  also  to  the  engineers  for  the 
performance  of  the  technical  work  and  for  a  report  on  the  expert 
points  coming  under  their  jurisdiction. 

8.  In  order  to  comply  with  the  provisions  contained  in  article  38  of 
these  regulations,  provided  that  the  department  of  Fomento,  in  cases 
of  which  it  is  to  take  cognizance  and  in  order  to  complete  the  proceed- 
ings, they  should  be  returned  to  the  governors  for  the  performance  of 
some  formalities,  to  correct  some  errors  or  to  cure  some  defects  or 
omissions  which  may  have  occurred,  the,  new  entries  and  work  done 
shall  be  placed  immediately  after  the  said  proceedings  in  their  proper 
chronological  order,  including  therein  the  superior  order  providing 
for  said  steps.     Should  any  corrections  be  necessary  in  some  instru- 
ment or  plan,  a  note  thereof  shajl  be  made  in  the  proper  memorandum. 
When  the  change  of  a  plan  or  instrument  is  ordered,  those  already 
included  in  the  proceedings  shall  not  be  removed  in  order  to  be 
replaced  by  those  amended,  but  they  shall  be  attached  to  and  the 
former  ones  respected,  and  shall  be  placed  at  the  folio  where  the  pro- 
ceedings and  formalities  conclude,  or  continue  when  the  changes  were 
made. 

9.  The  governors  shall  see  to  it  that  previous  annulled  or  forfeited 
proceedings,  should  there  be  any,  relating  to  the  same  ground  involved 

24949 5 


66  MINING   LAW    APPLIED   TO    CUBA. 

in  the  last  proceedings  be  attached  to  the  latter,  a  statement  being 
made  in  the  proper  entry. 

10.  The  persons  interested  can  in  no  case  prevent  the  visits  and 
examinations  of  the  engineers  when  the  latter  consider  them  proper 
in  order  to  fulfill  the  provisions  contained  in  articles   20,  60,  and 
68  of  these  regulations,  and  in  order  that  through  them  the  govern- 
ment may  exercise  the  surveillance  required  of  it  in  all  mining  works, 
labors,  and  establishments. 

11.  The  advantages  which  may  at  once  be  enjoyed  by  mining  con- 
cessions granted  up  to  the  present  time,  or  which  may  hereafter  be 
granted  in  view  of  pending  proceedings  subject  to  the  royal  decree  of 
July  4,  1825,  and  to  the  law  of  April  11, 1849,  shall  be  the  payment  of 
the  fixed  surface  tax  and  the  taxes  referred  to  in  articles  80  and  84 
of  the  law,  the  privilege  to  concentrate  labor  and  to  extend  the  bounds 
of  claims  already  surveyed,  should  there  be  any  free  land,  to  the  area 
designated  in  articles  13  and  14  of  the  same.     This  privilege  shall  not 
give  preference  in  any  case  over  the  petition  of  any  other  person 
interested,  whether  for  exploration  or  registry,  which  bears  a  prior 
date  of  presentation  and  which  requests  all  or  part  of  the  land  nec- 
essary to  increase  the  area  of  the  mine  granted  in  accordance  with  the 
said  legislation. 

The  proceedings  for  extension  which  may  be  instituted  at  the  pres- 
ent time  in  order  to  obtain  the  extension  granted  by  the  law  of  1849, 
instead  of  that  fixed  by  the  royal  decree  of  1825,  shall  continue  their 
course  until  concluded,  it  being  permitted  to  survey  the  claims  in 
accordance  with  said  extension,  unless  that  in  the  period  of  one  month 
from  the  publication  of  the  new  law,  the  persons  interested  request 
that  it  be  increased  according  to  the  provisions  thereof  and  of  these 
regulations,  provided  that  there  is  free  land..  Petitions  which  may 
be  made  hereafter  to  increase  the  size  of  surveyed  claims  in  accord- 
ance with  the  royal  decree  of  1825  and  the  law  of  April  11,  1849,  may 
request  only,  if  there  should  be  any  free  land,  the  superficial  area 
referred  to  in  articles  13  and  14  of  the  law. 

The  proceedings  in  which  greater  extension  for  the  claim  or  claims 
granted  are  asked  for  shall  be  called  "proceedings  for  extension." 
Those  which  have  for  their  object  the  uniting  of  one  or  more  claims 
to  those  already  granted  shall  be  called  ' '  proceedings  for  increase  of 
claims." 

Proceedings  which  may  be  pending  to  obtain  claims,  either  in 
accordance  with  the  royal  decree  of  1825  or  the  law  of  1849,  shall 
continue  their  course  according  to  the  rules  contained  in  the  law  and 
in  these  regulations  as  more  speedy  and  beneficial  to  the  parties  even 
though  the  claims  are  not  given  a  greater  area  than  that  proper 
according  to  the  legislation  from  which  they  arise.  After  the  approval 
of  their  proceedings  by  the  governors  and  upon  the  issue  of  the  titles 
of  ownership  according  to  Form  No.  4,  they  must  state  that  the  sur- 


MINING    LAW    APPLIED   TO    CUBA.  67 

vey  of  the  mine  has  been  made  according  to  the  law  of  1849  or  the 
royal  decree  of  1825,  as  the  case  may  be. 

It  appertains  also  to  the  governors  to  take  cognizance  and  decide 
proceedings  which  may  be  instituted  with  regard  to  surveys,  superim- 
positions,  and  correction  of  claims,  taking  into  consideration  that 
when  on  account  of  the  results  of  the  same  it  should  have  been  nec- 
essary to  alter  or  correct  the  survey  of  any  claims,  the  proper  entries 
must  be  made  in  the  original  proceedings  of  the  latter,  the  proper 
plans  being  attached  to  the  same. 

12.  Appeals  from  the  rulings  and  resolutions  of  the  governors  shall 
be  filed  with  the  latter,  who  shall  attach  the  same  to  the  respective 
proceedings   and  forward  them  to  the  department  of  the  interior. 
Complaints  may  be  made  to  said  department  only  when  the  said 
authorities  do  not  forward  their  appeals. 

13.  The  material  admission  of  any  instrument  or  complaint  of  the 
persons  interested  can  not  be  refused,  no  matter  how  illegal  or  im- 
proper it  may  be.     The  proper  decision  must  be  rendered  on  every 
claim. 

A  duly  authenticated  receipt  for  every  instrument,  petition,  or 
notice  shall  be  given  when  their  nonpresentation  might  prejudice  any 
of  the  persons  interested. 

14.  In  the  sections  of  Fomento  a  book  folioed  and  rubricated  on  all 
sheets  by  the  chief  shall  be  kept,  in  which  the  titles  issued  of  any 
mining  concession  shall  be  recorded  separately.     Each  of  these  rec- 
ords shall  contain  the  name  and  location  of  the  mine,  character  of  the 
mineral,  the  number  of  claims  of  which  it  consists,  with  the  total  area, 
the  name  of  the  individual  or  association  in  whose  favor  the  title  has 
been  issued,  and  the  date  of  the  latter. 

During  the  month  of  January  of  every  year  the  governors  shall  for- 
ward to  the  department  a  detailed  report  of  all  titles  of  mining  con- 
cessions which  they  may  have  issued  during  the  former  year. 

15.  When  on  account  of  loss  or  for  any  other  reason  the  persons 
interested  should  demand  a  new  title,  the  governors  shall  never  be 
permitted  to  give  anything  but  a  certificate  containing  a  literal  copy 
Of  the  title  which  is  the  object  of  the  request,  for  which  purpose  care 
shall  be  taken  that  in  all  proceedings  when  titles  of  ownership  are 
issued  the  proper  memorandum  thereof  remains  attached  to  the  same. 

16.  In  mining,  no  rights  shall  be  acquired  if  a  strict  observance  and 
punctual  fulfillment  of  the  law  and  regulations  is  not  observed.    The 
periods  fixed  can  not  be  extended  for  any  reason  whatsoever,  and  the 
faults  of  the  administration  shall  not  redound  to  the  injury  of  the 
persons   interested,  provided   that  within   the   term   of   sixty  days, 
counted  from  the  date  when  the  period  for  them  expires,  they  should 
complain  of  negligence  or  carelessness  in  the  office  or  nonfulfillment 
of  the  laws  and  regulations.      Should  they  not  make  the  objection 
within  the  period  mentioned,  it  shall  be  understood  that  they  desist 


68  MINING    LAW    APPLIED   TO    CUBA. 

from  their  claims  and  that  they  abandon  the  continuation  of  the  pro- 
ceedings, which  shall  be  considered  canceled  for  all  subsequent  effects, 
this  being  declared  by  the  administration  as  soon  as  it  is  verified  and 
shall  be  published  in  the  Boletin  of  the  Province. 

This  declaration,  when  proper,  may  also  be  made  at  the  instance  of 
any  other  interested  person,  provided  that  he  requests  it  by  means  of 
a  petition  of  exploration  or  registry  according  to  the  provisions  con- 
tained in  the  third  paragraph  of  article  75  of  these  regulations. 

The  Government  only  may  dispense  the  defects  produced  by  the 
cancellation  of  mining  proceedings  when  third  persons  will  not  be 
injured. 

17.  Any  changes  in  these  regulations  shall  conform  to  the  provisions 
of  article  45,  first  paragraph,  of  the  organic  law  of  the  council  of  state. 

FINAL  PROVISION. 

The  regulations  of  February  25,  1863,  and  all  subsequent  provisions 
which  are  in  contravention  with  these  regulations,  are  hereby  repealed. 

TRANSITORY  PROVISION. 

All  proceedings  which,  upon  the  publication  of  these  regulations, 
are  pending  in  the  Department,  provided  they  have  not  been  for- 
warded to  the  same  by  reason  of  an  appeal,  from  the  rulings  of  the 
governors,  shall  be  returned  at  once  to  the  latter  in  order  that  they 
may  be  instituted  and  concluded  in  accordance  with  the  amended 
law. 

Proceedings  which  may  have  been  returned  by  the  Department  and 
are  in  the  possession  of  the  governors  of  provinces  for  the  correction 
of  any  kind  of  defects,  shall  also  be  continued  and  concluded  in  the 
same. 

Madrid,  January  24,  1868. 

Approved  by  His  Majesty.     CATALINA. 


FORMS. 

FORM  No.  1. 

SOLICITUD  PARA   EXPLOTAR  SUSTANCIAS   DE   NATURALEZA    TERROSA. 

D.  N.,  vecino  de y  habitante  en  esta  ciudad,  calle  de ,  numero  - 


de  profesion ,  y  de  edad  de ,  a  V.  S.  dice:  que  en  el  ternrino  del  lugar 

de ,  al  sitio  6  pago  que  llaman ,  hay  una  tierra  de  la  pertenencia  de 

D.  N.,  vecino  de ,  la  cual  linda  (se  expresardn  los  linderos  d  todos  vientos 

con  la  posible  especificacion) .    El  exponents  desea  emplear  20,000  metres  cuadra- 

dos  de  este  terreno,  a  contar  desde  el  punto ,  y  en  la  figura  de  un  cuadrado, 

6  como  pareciere  mejor  en  su  dia  al  ingeniero,  para  la  fabricacion  de  loza,  dando  a 
esta  explotacion  el  nombre  de  Locera;  pero  el  citado  dueno  se  opone  a  prestar  su 
consentimiento,  a  pesar  de  haberle  ofrecido  todas  las  indemnizaciones  y  garantia 
convenientes  al  respecto  de  su  derecho  de  propiedad.  En  esta  atencion,  el  que  dice, 


MINING   LAW    APPLIED   TO    CUBA.  69 

Snplica  a  V.  S.  que  habiendo  por  presentado  este  escrito  y  la  cantidad  de  30  escu- 
dos  que  al  mismo  tiempo  consigna,  se  sirva  instruir  el  oportuno  expediente  en  la 
forma  que  precede  con  arreglo  a  la  ley  y  reglamento  de  minas,  a  fin  de  qne  se  le 
conceda  la  condncente  autorizacion  para  la  explotacion  indicada. 

Dios,  etc. 

(Fecha  y  firma.) 


FORM  No.  2. 

SOLICITUD   DE  REGISTRO. 

D.  N.,  vecino  de  esta  cindad  y  habitante  en  la  calle  de ,  num. ,  de 

profesion  —  — ,  y  de  edad  de  —  — .  a  V.  S.  digo:  que  en  el  termino  realengo  del 

lugar  de ,  paraje  que  llaman  —  — ,  lindante (se  expresardn  los  lin- 

deros  d  todos  rumbos,  con  toda  especificacion) ,  deseo  adquirir  —  —  pertenencias 
mineras  con  el  titulo  La  Esperanza,  de  mineral  —  — ,  que  ya  se  halla  descubierto 
en  una  calicata.  (Si  no  estuviese  descubierto  el  mineral,  se  omitird  esta  circun- 
stancia  ypodrd  decirse  en  su  lugar:)  de  mineral  que  me  propongo  descubrir  den tro 
del  plazo  legal.  (Si  el  terreno  fuese  de  propiedad  particular,  se  expresard  el 
nombre  del  dueno,  como  tambien  si  el  terreno  es  de  los  que  segun  la  ley  exigen 
permiso  del  dueno  para  hacer  laborer.  Del  mismo  modo  se  dird  si  se  ha  hecho  6 
no  calicata,  y  si  en  el  primer  caso  se  Jia  obtenido  licencia  del  proprietario,  acompa- 
nando  el  documento  que  lo  acredite.)  Verifico  la  designacion  de  este  registro  en 

la  siguiente  forma:  se  tendra  por  punto  de  partida  el  sitio (el  que  sea,  mar- 

cada  en  lo  posible  la  direccion  y  distancia  en  que  se  halla  de  cualquier  otro  punto 
indubitado  yfijo).  Desde  el  se  inediran  en  direccion  N.  -  -  metres,  fijandose 

la  primera  estaca,  desde  esta  en  direccion  E. metres.  ( Y  asi  sucesivamente 

hast  a  que  resulte  formado  el  rectdngulo  de  la  pertenencia  d  pertenencias  solicitadas. ) 
Por  lo  tanto. 

Suplico  a  V.  S.  que  habiendo  por  presentada  esta  solicitud  con  la  cantidad  de  30 
escudos  que  a  la  vez  consigno.  se  sirva  dar  al  expediente  la  instruction  de  ley  y 
reglamento,  a  fin  de  que  en  su  dia  se  expida  el  correspondiente  titulo  de  propiedad. 
Dios.  etc.  (Fecha  y  firma.) 

NOT  A. —Las  solicitudes  de  investigation  se  arreglaran  a  este  modelo  con  las  va- 
riaciones  que  son  consiguientes. 


FORM  No.  3. 

Numero .    Folio . 

D.  N.,  vecino  de  -     — ,  de  profesion ,  y  de edad,  habitante  en  la 

calle  de ,  niimero  —    — ,  ha  presentado  a  —  —  hora  —     —  y minutos 

de  la  rnanana  (6  tarde)  del  dia  —     —  del  mes  de ,  ano  de ,  solicitud  de 

registro  de  —     —  pertenencias  de  la  mina  —     —  de  mineral ,  sita  en . 

(Aqui  se  expresardn  los  linderos  y  demds  circunstancias  que  contenga  la  solicitud, 
respecto  d  su  situacion,  close  de  terreno,  nombre  del  dueno  de  el,  y  de  existencia  o 
no  de  la  calicata,  etc.) 

Esta  solicitud  tiene  la  fecha  de . 

La  designacion  que  hace  es  la  siguiente:  (Aqui  se  copiard  la  designacion.) 

Ha  consignado  al  mismo  tiempo  la  cantidad  de  30  escudos  (6  la  que  sea  si  se 
trata  de  coto  mincro). 

V.  B°. 

El  Gobernador. 

El  oficial.     (Firma.) 
El  interesado.     (Firma.) 


70  MINING    LAW    APPLIED    TO    CUBA. 

(^i  continuation  se  irdn  anotando  las  principales  diligencias  que  tenga  el  expe- 
diente.) 

NOTA. — Cuando  en  vez  de  registro  de  mina  sea  demasia,  peticion  de  escorial  6 
cualquiera  otra  de  las  solicitudes  que  deben  comprenderse  en  el  libro  de  registro, 
se  expresara  asi  con  toda  especificacion  y  claridad. 

OTRA. — Cuando  la  solicitud  se  haga  por  apoderado  6  sociedad,  se  anotara  la  pre- 
sentacion  del  poder  y  de  la  escritura  social. 

ADVERTENCIA. — En  el  libro  de  investigaciones  se  haran  los  asientos  por  el  mismo 
orden,  con  las  diferencias  que  son  consiguientes. 

LIBRO   DE  REGISTROS. 

Numero .    Folio . 

Gobierno  civil  de  la  provincia  de .    D.  N.,  oficial . 

Certifico:  que  por  D.,  ,  vecino  de  —  — ,  se  ha  presentado  —  — 4  — 

hora  y minutos  de  la  manana  (6  tarde)  del  dia  —  —  de  —  —  del  ano  -- 

una  solicitud  de  registro  fechada  en  —  —  de  —  —  pertenencia  de  la  mina 


de  mineral ,  sita  en  el  terminode (aqui  se  expresardn  los  linderos), 

haciendo  la  designacion  en  la  forina  siguiente .  Ha  consignado  al  propio 

tiempo  la  cantidad  de . 

Y  para  que  conste  y  sirva  de  resguardo  al  citado  D.  -  — ,  doy  la  presente 
certificacion  talonaria,  con  el  V°.  B".  del  Sr.  Gobernador,  en  —  — , a—  —  de 
de . 

V°.  B'. 

El  Gobernador.  (Firma.) 

NOTA. — En  la  extension  de  estas  certificaciones  se  tendrau  en  cueiita  las  dife- 
rencias de  casos,  segdn  se  advierte  en  las  notas  del  lado  opuesto. 


FORM  No.  4. 

TITULO   DE   PROPIEDAD. 

D.  N.,  Gobernador  de  la  provincia  de . 

Por  cuanto  a (aqui  el  nombre  del  interesado)  tuve  a  bien  otorgarle  la  con- 

cesion  de (aqui  el  nombre  y  clase  de  la  mina),  en  termino  de  —    — •  de  esta 

provincia,  he  venido  en  resolver  con  f echa que  se  le  expida  el  presente  titulo 

de  propiedad,  conforme  a  lo  prescrito  en  la  ley  de  minas  de  C  de  Julio  de  1859,  refor- 

mada  por  la  de  4  de  inarzo  de  1868,  de  pertenencia  que  componen  - 

metroscuadradosde  extension,  en  la  forma  que  se  fijaenel  ad  junto  piano  levantado 

por  el  Ingeniero  D. con  arreglo  a (aqui  se  expresara  la  ley  con  arreglo 

a  la  cual  se  haya  demarcado) ,  f echado  en a de de con  la 

obligacion  de  cumplir  las  condiciones  general es  siguientes: 

la.  La  de  beneficiar conforme  a  las  reglas  del  arte,  sometiendose  el  y  sus 

trabaj  adores  a  las  de  policia  que  senalen  los  reglamentos. 

2a.  La  de  responder  de  todos  los  danos  y  perjuicios  que  por  ocasion  de  la  explota. 
cion  puedan  sobrevenir  a  tercero. 

311.  La  de  resarcir  tambien  a  sus  vecinos  los  perjuicios  que  les  ocasione  por  las 
aguas  acurauladas  en  sus  labores,  si  requerido  no  las  achicase  en  el  tiempo  que  se 
senale. 

4a.  La  de  contribuir  en  razon  del  beneficio  que  reciba  por  el  desagiie  de  las  rninas 
inmediatas,  y  por  las  galerias  generales  de  desagiie  6  de  transporte,  cuando  con 
autorizacion  competente  se  abran  para  un  grupo  de  pertenencia  6  para  el  de  toda 
la  comarca  minera  donde  se  halla  situada  la  mina. 

5a.  La  de  tener poblada  6  en  actividad,  a  no  impedirlo  fuerza  mayor,  con 


MINING    LAW    APPLIED   TO    CUBA.  71 

cuatro  trabajadores,  en  razon  de  cada  pertenencia,  durante  la  mitad  de  cada  ano, 
debiendo  empezar  a  contarse  este  desde  el  acto  de  la  toma  de  posesion. 

6".  La  de  fortificar  la  mina  en  el  tiempo  que  se  le  senale,  cuando  por  mala  direc- 
cion  de  los  trabajos  amenace  ruina,  a  no  ser  que  lo  impida  fuerza  mayor. 

7:l.  La  de  no  dificultar  e  imposibilitar  el  ulterior  aprovechamiento  del  mineral 
por  una  explotacion  codiciosa. 

8'.  La  de  no  suspender  los  trabajos  de con  animo  de  abandonarla  sin  dar 

antes  conocimiento  al  gobernador  civil,  y  la  de  dejar  su  fortificacion  en  buen  estado. 

911.  La  de  no  hacer  trabajos,  sin  previa  licencia,  a  menos  de  40  metres  de  los  edi- 
ficios,  caniinos  y  cualquier  servidumbre  piiblica. 

10.  La  de  satisfacer  por  —  —  y  sus  productos  los  impuestos  que  establece  la  ley. 

Y  11.  La  de  llenar,  en  fin,  todas  las  prescripciones  que  se  contienen  en  la  ley  y 
reglainento  para  las  concesiones  de  la  naturaieza  de  la  presente. 

(Hueco  de  un  decimetro  para  las  condiciones  especiales  que  pueda  haber.) 

Por  tanto,  en  virtud  de  este  titulo,  concede  en  nombre  del  Gobierno  de  S.  M.  a 
la  propiedad  de  —  —  por  tiempo  ilimitado,  mientras  cumpla  con  las  condi- 
ciones precedentes,  para  que  pueda  hacer  su  explotacion,  aprovechar  sus  productos, 
y  disponer  libremente  de  ellos,  enajenandolos  segun  fuere  su  voluntad.  con  sujecion 
a  las  leyes,  disfrutando  al  mismo  tiempo  de  todos  los  derechos  y  beneficios  que 
por  la  ley  y  reglamento  de  ininas  se  otorgan  a  los  concesionarios.  Y  para  que  lo 
contenido  en  las  expresadas  condiciones  se  cumpla  y  observe  puntualmente,  asi 
por  dicho  concesionario,  como  por  las  autoridades,  tribunales,  corporaciones  y 
particulares  a  quieues  corresponda,  expido  el  presente  titulo  de  propiedad,  que  va 
sellado  con  el  sello  de  este  Gobierno  de  provincia. 

Dado  en 

El  Gobernador  civil.     (Firma.) 

(Al  dorso  del  titulo. ) 

Gobierno  de  provincia. 

Registrado  en  la  seccion  de  fomento  al  folio ,  libro  correspondiente. 

El  Jefe  de  la  Seccion.     (Firma.) 


FORM  No.  5. 

SOLICITUD   DE   GALERIA  GENERAL. 

D.  N.,  vecino  de  esta  ciudad,  habitante  en  la  calle  de .  num. ,  de 

profesion  —    — ,  y  de  edad  —     — ,  a  V.  S.  digo:  que  deseo  hacer  las  obras  condn- 
centes  a  la  apertura  de  una  galeria  general  de  investigacion  (desagiie  6  transported , 

que  se  noinbrara ,  en  el  termino  de  —    — ,  al  sitio  de  —    — ,  terreno  realengo, 

lindante  —    — ,  con  arreglo  en  un  todo  a  la  memoria  y  piano  que  presento  del 
Ingeniero  D . 

En  esta  atencion  y  habiendo  hecho  los  oportunos  convenios  particulares  con 
D. y  D. ,  dueiios  de  las  minas (6  interesados  en  los  registros 

)  que  se  hallan  dentro  del  terreno  que  ha  de  comprender  la  citada  galeria, 

segun  consta  de  los  adjuntos  docunientos. 

A  V.  S.  suplico  que,  habiendo  por  presentada  esta  solicitnd  con  los  documentos 
que  la  acompanan,  se  sirva  dar  al  expediente  la  tramitacion  de  ley  y  reglamento, 
a  fin  de  que  se  me  conceda  en  su  dia  la  autorizacion  que  solicito  para  la  apertura 
de  dicha  galeria. 
Dios.  etc. 

(Fecha  y  firma. ) 

NOTA. — Cuando  el  terreno  fuese  de  propiedad  particular,  se  expresara  el  nom- 
bre del  dueiio;  y  si  fuese  ademas  de  los- en  que  se  exige  licencia  del  mismo,  se 


72  MINING    LAW    APPLIED    TO    CUBA. 

anotara  esta  circunstancia,  con  expresion  de  si  la  ha  dado  6  no  para  los  efectos 
que  en  tal  caso  son  conducentes  en  la  tramitacion. 

Igualmente,  cuando  se  reserven  pertenencias,  se  expresaran  y  designaran  las 
que  sean,  conforme  a  lo  dispuesto  en  el  articulo  60  del  reglamento. 


FORM  No.  6. 

PROVINCIA   DE 

Seccion  de  Fomento.     Minas.    Ano  de . 

EXPEDIENTE   DE   


Numero (el  que  le  haya  correspondido  en  el  libro  talonario}. 

Para ,2    Nombrada  —   — (aqui  el  nombre). 

Del  termino  de . 

Interesado:  Vecindad:3 

D. . 

Representante:                                       (Panto  de  la  ciudad  en  que  viva:) 
D. .  


Numero  de  pertenencias 


1  Investigacion,  registro,  ampliacion,  aumento  de  pertenencias,  demasia,  con- 
centracion  de  labores,  reduccion  de  pueble,  etc. 

2 La  mina,  terrero,  escorial,  coto  minero,  etc.,  expresandose  la  clase  del  mineral. 

3  Cuando  sea  vecino  de  la  misma  capital  y  siga  por  si  el  expediente,  se  expresara 
aqui  la  casa  y  calle  en  que  habite. 


GENERAL  BASES  FOR  THE  NEW  MINING 
LEGISLATION. 


GENERAL  BASES  FOB  THE  NEW  MINING  LEGISLATION. 

CLASSIFICATION   AND   OWNERSHIP   OF   MINERAL   SUBSTANCES. 

i 

ART.  1.  The  useful  substances  of  the  mineral  kingdom,  whatever 
may  be  their  origin  and  the  form  in  which  found,  whether  on  the  sur- 
face or  underneath  the  same,  are  the  subject  of  this  decree,  and  for 
their  utilization  they  are  divided  into  three  sections. 

ART.  2.  In  the  first  section  are  included  mineral  productions  of  a 
terreous  nature,  silicious  stones,  slates,  arenacious,  or  sandstone, 
granites,  basalts,  limestones  or  earth,  gypsum,  sands,  chalks,  argil- 
laceous earth,  and,  in  general,  all  building  materials  which  may  be 
quarried. 

ART.  3.  In  the  second  section  are  included  placers,  metalliferous 
sands  or  alluvia,  the  minerals  of  iron,  bog  iron  ore,  emery,  ochers 
and  almagras,  scoria3  and  metalliferous  earth,  the  result  of  prior 
workings,  turf  moors,  pyritous,  aluminous,  magnesian  and  Fuller's 
earth,  saltpeter  beds,  phosphorites,  baryta,  fluor  spar,  steatite,  kaolin, 
and  clays. 

ART.  4.  In  the  third  section  are  included  deposits  of  metalliferous 
substances,  anthracite,  pit  coal,  lignite,  asphaltum,  and  mineral  tars, 
petroleum  and  mineral  oils,  graphite,  saline  substances,  including 
alkaline  and  terreo-alkaline  salts,  whether  in  a  solid  state  or  dissolved 
in  water;  copperas,  sulphur,  and  precious  stones. 

Subterranean  waters  must  also  be  considered  as  belonging  to  this 
group. 

ART.  5.  In  all  lands  which  contain  the  substances  mentioned  in  the 
two  foregoing  articles,  or  others  similar  thereto,  for  the  purposes  of 
this  decree  there  shall  always  be  considered  two  distinct  parts : 

1.  The  soil,  which  includes  the  surface,  properly  speaking,  and  fur- 
thermore the  depth  to  which  the  work  of  its  owner  may  have  attained, 
whether  in  cultivation,  for  building,  or  the  laying  of  foundations,  or 
for  any  other  purpose  other  than  mining. 

2.  The  subsoil,  which  extends  indefinitely  in  depth  from  where  the 
soil  ceases. 

ART.  6.  The  soil  may  be  private  property  or  of  public  ownership, 
and  the  owner  never  loses  his  right  thereto  nor  to  utilize  it  except  in 
cases  of  condemnation.  The  subsoil  is  originally  under  the  dominion 
of  the  State,  and  it  may,  according  to  the  cases  and  with  no  restric- 
tions but  convenience,  abandon  the  same  to  the  public  use,  grant  it 

75 


76  MINING    LAW    APPLIED   TO    CUBA. 

gratuitously  to  the  owner  of  the  soil,  or  alienate  it  by  means  of  a 
surface  tax  to  individuals  or  companies  requesting  it;  but  all  this 
subject  strictly  to  the  provisions  contained  in  the  following  articles. 

ART.  7.  The  substances  included  in  the  first  section  are  of  public 
use  when  they  are  situated  on  lands  of  public  ownership. 

When  t\\ey  are  situated  on  private  lands,  the  State,  confirming  arti- 
cle 3  of  the  mining  law  in  force,  cedes  said  substances  to  the  owner 
of  the  surface,  who  may  consider  them  as  his  own  property  and  uti- 
lize them  in  the  manner  and  at  the  time  he  may  deem  proper  without 
being  subject  to  the  formalities  and  charges  of  this  decree. 

These  workings  shall  be  subject  to  the  administrative  intervention 
only  in  what  refers  to  the  safety  of  the  works,  as  may  be  determined 
in  the  regulations  of  inspection  and  mining  police. 

ART.  8.  The  substances  included  in  the  second  section  shall  be 
subject,  with  regard  to  ownership  and  working,  to  the  same  condi- 
tions of  the  foregoing  article.  But  when  they  are  situated  on  private 
lands  the  State  reserves  the  right  to  grant  them  to  whomsoever  may 
request  their  development  if  the  owner  should  not  work  them  himself, 
provided  that  the  enterprise  is  declared  of  public  utility  and  the  owner 
be  indemnified  for  the  surface  condemned  and  damage  caused.  As 
established  in  article  19,  he  who  obtains  a  concession  must  pay  every 
year  a  surface  tax  of  2  escudos  per  hectarea;  but  the  owner  shall  not 
be  required  to  pay  this  tax  if  he  develops  the  land  himself. 

ART.  9.  The  substances  mentioned  in  the  third  section  may  be 
worked  only  by  virtue  of  a  concession  granted  by  the  Government  in 
accordance  with  the  provisions  of  this  decree. 

The  concession  of  the  substances  referred  to  in  this  article  consti- 
tute a  property  separate  from  that  of  the  soil.  When  one  of  the  two 
is  to  be  annulled  and  absorbed  by  the  other,  a  declaration  of  public 
utility,  condemnation,  and  the  respective  indemnity  shall  be  proper. 

EXPLORATIONS  AND  CLAIMS. 

ART.  10.  Any  Spaniard  or  foreigner  may,  without  restriction,  dig 
trial  pits  or  make  excavations  on  land  of  public  ownership,  not  to 
exceed  10  meters  in  length  or  depth,  for  the  purpose  of  discovering 
minerals.  Permission  shall  not  be  required  for  this  purpose,  but  the 
local  authority  must  be  informed  thereof. 

In  lands  of  private  ownership  no  trial  pits  shall  be  dug  without  the 
previous  permission  of  the  owner  or  of  his  representative. 

ART.  11.  The  claim  or  unit  of  measure  for  mining  concessions,  with 
regard  to  the  substances  of  the  second  and  third  sections,  is  a  solid 
with  a  square  basis  of  100  meters,  measured  horizontally  in  the  direc- 
tion which  may  be  indicated  by  the  petitioner,  and  of  an  indefinite 
depth  for  these  substances.  For  the  first,  said  depth  stops  where  the 
workable  material  is  exhausted. 

ART.  12.  Individuals  may  obtain  any  number  of  claims  by  one  con- 
cession, provided  that  this  number  exceeds  four.  All  the  claims 


MINING    LAW    APPLIED   TO    CUBA.  77 

which  together  form  one  concession  must  be  grouped  in  such  manner 
that  their  continuity  be  uninterrupted,  so  that  those  contiguous  to 
each  other  abut  for  the  entire  length  of  any  of  their  sides. 

ART.  13.  When  there  should  be  a  free  space  between  two  or  more 
concessions,  the  area  of  which  is  less  than  4  hectareas,  or  which  can 
not  be  easily  divided  into  claims,  it  shall  be  granted  to  such  of  the 
owners  of  the  adjoining  mines  who  should  first  request  it,  and  should 
they  renounce  it,  to  any  individual  applying  therefor. 

ART.  14.  A  mining  claim  can  not  be  divided,  in  purchases,  sales, 
exchanges,  or  other  similar  transactions  of  the  owners  of  the  mines. 

CONCESSION,  DEVELOPMENT,  AND  FORFEITURE  OF  MINES. 

ART.  15.  In  order  to  obtain  the  ownership  of  four  or  more  mining 
claims,  whether  of  the  second  or  of  the  third  section,  a  petition  shall 
be  addressed  to  the  governor  clearly  stating  all  the  circumstances  of 
the  concession  requested. 

The  governor,  after  the  proper  proceedings  have  been  instituted,  as 
may  be  prescribed  in  the  regulations,  and  after  the  existence  of  free 
land  has  been  shown,  must  in  all  cases,  after  the  necessary  publicity 
in  order  to  hear  the  objections  which  may  be  made,  order  that  the 
concession  be  surveyed,  and  shall  grant  the  same  within  a  period  not 
to  exceed  four  months,  to  be  counted  from  the  date  of  the  presentation 
of  the  petition. 

ART.  16.  The  priority  in  the  presentation  of  a  petition  gives  the 
preferred  right;  but  if  some  of  the  substances  of  the  second  section 
are  in  question,  the  owner  shall  always  be  preferred,  if  he  binds  him- 
self to  work  the  same  within  a  period  which  the  administration  may 
indicate  and  which  shall  not  exceed  thirty  days. 

ART.  17.  The  survey  of  the  limits  of  each  concession  must  be  made 
after  the  conditions  of  article  15  have  been  complied  with,  even 
though  there  should  be  no  mineral  discovered  nor  any  work  done. 

These  surveys  may  include  lands  of  all  kinds,  buildings,  roads, 
works,  etc.,  provided  that  the  mining  works  are  executed  subject  to 
the  police  and  security  regulations. 

ART.  18.  When  it  is  desired  to  drive  general  galleries  for  explora- 
tions, drainage,  or  transportation,  the  claims  necessary  shall  be  peti- 
tioned for,  provided  there  is  free  land,  in  the  same  manner  as  in 
other  concessions;  but  if  these  works  are  to  cross  claims  already 
granted,  the  constructor  must  previously  come  to  an  agreement  with 
the  respective  owners  and  fix  all  the  other  conditions  in  case  of  the 
discovery  of  mineral. 

If  the  owners  of  the  claims  should  object  to  the  driving  of  said  gal- 
leries, the  latter  can  not  be  constructed  unless  proceedings  of  public 
utility  are  instituted. 

ART.  19.  The  concessions  for  the  working  of  mineral  substances  are 
in  perpetuity  for  a  ground  rent  or  surface  tax  per  hectarea  which 
shall  be  fixed  in  the  following  manner :  Precious  stones  and  deposits 


78  MINING    LAW    APPLIED    TO    CUBA. 

of  metalliferous  substances,  included  in  the  third  section,  excepting 
iron,  10  pesetas.  Iron,  combustible  substances,  scoriae,  and  metal- 
liferous lands  and  other  substances  of  the  second  and  third  sections, 
4  pesetas.  The  tax  must  be  paid  from  the  date  on  which  the  conces- 
sion is  granted,  and  as  long  as  the  owner  punctually  pays  said  amount 
the  administration  can  not  deprive  him  of  the  ground  granted,  what- 
ever may  be  the  amount  of  the  development. 

ART.  20.  If  there  should  exist  on  the  same  land  any  of  the  sub- 
stances mentioned  in  the  second  and  third  sections,  and  it  is  impos- 
sible to  work  both  at  the  same  time,  ihey  shall  be  granted  to  the  first 
petitioner,  whichever  may  be  the  one  he  desires. 

If  the  latter  should  request  permission  to  work  the  substances  men- 
tioned in  the  third  section,  he  may  extend  his  mining  works  to  those 
of  the  second ;  but  if  the  petition  should  refer  to  the  latter  after  they 
are  exhausted  the  person  interested  shall  require  a  new  concession 
for  the  working  of  any  of  those  included  in  the  third. 

ART.  21.  Miners  may  freely  dispose,  in  the  same  manner  as  of  any 
other  property,  of  whatsoever  rights  may  be  granted  them  by  this 
decree.  Mineral  products  controlled  by  the  treasury  are  excepted 
with  regard  to  which  the  rules  governing  the  matter  shall  be  observed 
as  long  as  the  control  continues. 

ART.  22.  Miners  shall  be  free  to  develop  their  mines  without  sub- 
jection to  technical  prescriptions  of  any  character  whatsoever  except- 
ing the  general  police  and  safety  regulations.  In  order  to  enforce  the 
fulfillment  of  the  latter,  the  administration  shall  exercise  through  its 
agents  the  proper  surveillance. 

ART.  23.  Mining  concessions  shall  only  become  forfeited  when  the 
owner  does  not  pay  for  one  year  the  proper  surface  tax  and  when  upon 
judicial  proceedings  he  should  not  pay  it  within  fifteen  days  or  should 
be  insolvent. 

In  such  case  the  concession  shall  be  declared  null  and  void,  and 
the  mine  shall  be  offered  at  public  auction;  of  the  amount  realized 
the  administration  shall  retain  the  sum  which  was  owed  the  same, 
the  expenses  incurred,  and  5  per  cent  of  the  total;  the  rest  shall  be 
turned  over  to  the  first  owner. 

If  there  should  be  no  bidders  at  three  consecutive  auctions,  the  land 
shall  be  declared  free. 

Until  the  owner  of  a  mine  informs  the  Government  of  its  discon- 
tinuance or  abandonment  it  shall  continue  subject  to  the  charges  and 
prescriptions  of  this  decree  and  of  the  regulations  for  its  execution. 

RIGHTS  AND  DUTIES  OF  MINERS. 

ART.  24.  Every  miner  must  facilitate  the  ventilation  of  the  adjoin- 
ing mines;  he  shall  be  subject  to  the  easement  of  the  course  of  waters 
from  said  mines  toward  the  general  drainage,  and  also  to  the  police 
regulations  which  may  be  fixed  in  the  special  ones. 


MINING    LAW    APPLIED   TO    CUBA.  79 

ART.  25.  In  order  to  drive  galleries  for  explorations,  transportation, 
or  drainage,  the  rules  indicated  in  article  18  shall  be  observed. 

ART.  26.  Every  owner  of  mines  shall  indemnify  according  to  private 
agreements  or  expert  appraisals,  subject  to  the  common  laws,  the 
losses  and  damages  which  he  may  cause  to  other  mines,  either  by  the 
accumulation  of  waters  in  the  workings,  if  upon  request  he  should 
not  drain  them  within  the  period  of  the  regulations,  or  in  any  other 
manner  whatsoever  causing  injury  to  the  interests  of  others  within 
or  without  the  mines. 

Among  the  damages  caused  there  shall  always  be  counted  those 
corresponding  to  the  time  intervening  until  the  drainage  takes  place;  . 
and  furthermore  the  originator  thereof  shall  deliver  to  the  owner  of  the 
injured  mine  a  portion  of  the  profits  obtained,  should  there  be  any,  in 
the  judgment  of  experts. 

ART.  27.  Miners  are  free  to  come  to  agreements  with  the  owners  of 
the  surface  with  regard  to  the  area  which  it  may  be  necessary  to 
occupy  for  stores,  workshops,  reduction  works,  deposit  of  seorise  or 
rubbish,  installation  of  machinery,  entrances  to  mines,  etc.  If  no 
agreement  can  be  reached,  either  with  regard  to  the  area  or  with 
regard  to  the  price,  the  owner  of  the  mine  shall  request  of  the  governor 
the  application  of  the  law  relating  to  public  utility. 

In  the  reports  of  the  engineer  and  of  the  deputation  there  shall  be 
considered  and  passed  upon  in  the  proper  manner,  first,  the  neces- 
sity for  condemnation;  second,  the  advantages  offered  by  one  or  the 
other,  whether  the  development  of  the  mines,  or  the  cultivation  or 
working  of  the  soil,  in  order  to  in  this  manner  clearly  define  which  of 
the  two  interests  are  to  be  attended  to. 

In  every  case  the  proper  indemnity  shall  be  paid  before  the  con- 
demnation. 

ART.  28.  The  miners  are  the  owners  of  the  waters  they  may  find 
during  their  works.  A  special  law  shall  fix  the  rules  relating  to  the 
utilization  of  subterranean  currents  and  the  rights  of  individuals  whose 
claims  they  cross. 

ART.  20.  Police  regulations  shall  fix  in  detail  the  duties  and  rights 
of  miners,  as  well  as  the  powers  of  the  administration,  and  most  espe- 
cially the  precepts  relating  to  public  sanitation,  to  which  all  mines 
shall  be  subject. 

GENERAL  PROVISIONS. 

ART.  30.  The  present  owners  of  mines  may  choose  between  the  law 
in  force  at  present  or  this  decree,  provided  that  no  denunciation  of 
said  mines  is  pending.  From  the  day  on  which  they  agree  to  fulfill 
this  decree  and  begin  the  payment  of  the  proper  surface  tax  they 
acquire  the  mine  in  perpetuity. 

ART.  31.  All  those  who  have  registry  proceedings  pending  are 
included  in  the  same  case. 


80  MINING    LAW    APPLIED    TO    CUBA. 

ART.  32.  All  prescriptions  of  present  legislation  contrary  to  the 
provisions  of  this  decree  are  hereby  repealed.  The  other  provisions 
of  the  law,  as  well  as  of  the  regulations,  shall  continue  in  force,  with- 
out prejudice  to  what  may  be  decided  at  the  proper  time. 

ART.  33.  The  Government  shall  submit  a  project  of  law  to  the 
Cortes. 

Madrid,  December  29,  1868. 

MANUEL  Ruiz  ZORRILLA, 

Secretary  of  the  Interior. 


APPENDIX. 


24949 6  81 


APPEXDIX. 


ORDER  OF  THE  18TH  OF  MAY,  1869. 

DEPARTMENT  OF  THE  INTERIOR. 

HONORABLE  SIR:  In  yiew  of  the  inquiries  made  of  this  department 
by  the  governors  of  Madrid  and  Almeria  on  the  2d  and  8th  of  last 
April,  in  which  they  ask  explanations  as  to  the  manner  of  applying 
the  second  paragraph  of  article  15  of  the  bases  for  the  new  mining 
legislation  decreed  by  the  provisional  government  on  the  29th  of  last 
December,  the  executive  power,  in  the  exercise  of  its  functions,  has 
resolved  that  when  the  mining  proceedings  reach  the  point  of  surve}T 
and  that  the  concession  is  granted  according  to  what  is  established  in 
the  said  bases  the  governors  of  provinces  shall  order  the  said  survey 
made  by  the  mining  engineer,  who  shall  perform  the-same  in  the  man- 
ner which  the  petitioner  may  have  designated,  if  there  should  be  free 
land,  or  changing  it  with  the  consent  of  the  persons  interested  incase 
that  it  can  not  be  surveyed  in  the  manner  designated,  or  suspending 
the  operation  when  denounceable  land  sufficient  to  make  four  mining 
claims  at  least  does  not  exist,  according  to  that  which  is  provided  for 
in  article  12  of  the  mentioned  bases. 

May  God  preserve  Your  Excellency  many  years. 

Madrid,  May  18,  1869. 

RUIZ   ZORRILLA, 

Director-  General  of  Public  Works,  Agriculture, 

Industry,  and  Commerce. 


ORDER  OF  MAY  9,  1870. 

DEPARTMENT  OF  THE  INTERIOR. 

HONORABLE  SIR:  In  view  of  the  communication  addressed  to  this 
department  by  the  governor  of  Gerona,  in  which  he  inquires  whether 
the  petitions  of  concessioners  for  mining  properties  obtained  accord- 
ing to  laws  prior  to  the  bases  for  a  new  mining  legislation  decreed 
December  29,  1868,  can  be  admitted,  as  well  as  those  which  request 
extension  of  the  number  of  claims  which  they  possess;  whereas, 
according  to  articles  12  and  15  of  the  said  bases,  the  concessioners  of 
mines  can  obtain  any  number  of  claims,  provided  this  number  be  not 
less  than  4  hectares,  in  the  manner  prescribed  in  article  13  of  said 
bases,  and  taking  into  account,  furthermore,  that  in  order  to  consider 

83 


84  MINING    LAW    APPLIED    TO    CUBA.      ' 

the  original  concession  and  the  extension  asked  for  as  a  single  con- 
cession, it  is  necessary  that  the  persons  interested  should  first  choose 
their  concessions  according  to  the  same  bases,  and  that  the  adminis- 
tration accede  thereto,  when  a  denouncement  is  not  pending,  as  deter- 
mined in  article  30  of  the  same;  therefore,  Her  Majesty  the  Regent 
of  the  Kingdom  has  declared  that  all  mining  concessioners  haVe  the 
right  to  obtain  the  number  of  claims  they  desire  as  an  extension  to 
the  original  concession,  providing  that  they  first  select  their  conces- 
sions according  to  the  bases  for  the  new  mining  legislation  decreed 
on  December  29,  1868,  and  the  administration  consent  thei'eto,  if  said 
concessions  have  been  granted  in  virtue  of  laws  prior  to  the  said 
bases.  By  order  of  Her  Highness  I  communicate  the  same  to  Your 
Excellency  for  your  information  and  other  purposes. 

May  God  protect  Your  Excellency  for  many  years. 

Madrid,  May  9,  1870. 

ECHEGARAY, 

Director-  General  of  Public  Works,  Agriculture, 

Industry,  and  Commerce. 


•    ORDER  O  ?  NOVEMBER  30,  1870. 

DEPARTMENT  OF  THE  INTERIOR. 

YOUR  EXCELLENCY  :  In  view  of  the  inquiry  addressed  to  this  depart- 
ment by  the  governor  of  the  province  of  Murcia,  asking  if  to  the  peti- 
tions for  surpluses  should  be  attached  a  description  or  plan,  as  is 
required  in  ordinary  petitions  for  registry  exploration;  and  whereas 

1.  The  concessions  being  mentioned  between  which  it  is  desired  to 
secure  a  surplus,  there  can  not  exist  in  the  petition  for  the*  land  the 
priority  that  it  is  proposed  to  evade  in  registries  and  explorations 
which  are  not  found  subordinated  to  the  precise  condition  of  being 
bounded  by  known  active  mines;  and 

2.  That  the  mining  engineer,  in  the  examination  which  he  must 
make  subsequently  in  view  of  the  plans  of  the  adjacent  concessions, 
must  determine  the  area  and  form  of  the  surplus  with  greater  pre- 
cision than  the  petitioner  could  do. 

The  opinion  of  the  section  of  Government  and  Fomento  of  the  coun- 
cil of  state  having  been  heard,  and  in  accordance  with  its  report  His 
Highness  the  Regent  of  the  Kingdom  hereby  orders  that  the  plan  of 
the  free  land  petitioned  for  between  various  mines  no  longer  be  required 
with  the  petition. 

.    By  order  of  His  Highness  I  communicate  the  same  to  Your  Excel- 
lency for  your  information  and  other  purposes. 
May  God  protect  Your  Excellency  many  years. 
Madrid,  November  30,  1870. 

ECHEGARAY, 
Director-  General  of  Public  Works,  Agriculture, 

Industry,  and  Commerce. 


MINING    LAW    APPLIED   TO    CUBA.  85 

LAW  OF  JULY  24,  1871. 

DEPARTMENT  OF  THE  INTERIOR. 

Don  Amadeo  I,  by  the  grace  of  God  and  the  national  will  King  of 
Spain,  to  all  who  may  see  and  understand  these  presents  know  ye, 
that  the  Cortes  have  decreed  and  we  have  sanctioned  the  following: 

FIRST   AND   LAST   ARTICLE. 

Article  10  of  the  general  bases  for  the  new  mining  legislation  shall 
be  substituted  by  the  following:     (See  the  text  of  the  law.) 
Therefore, 

AVe  order  all  tribunals,  justices,  chiefs,  governors,  and  other  author- 
ities, civil  as  well  as  military  and  ecclesiastical,  of  whatsoever  class 
and  rank,  that  they  fulfill  and  enforce  the  observance,  comply,  and 
execute  this  law  in  all  its  parts. 

Given  at  the  palace  on  July  24,  1871. 

AMADEO. 

MANUEL  Ruiz  ZORILLA, 

Secretary  of  Hie  Interior. 


ROYAL  ORDER  OF  DECEMBER  18,  1871. 

DEPARTMENT  OF  THE  INTERIOR. 

HONORABLE  SIR:  In  view  of  the  various  communications  from  chief 
engineers  of  provinces  making  inquiries  with  regard  to  the  propriety 
of  increasing  in  certain  cases  the  deposits  that  are  made  by  the  per- 
sons interested  in  mining  concessions  to  answer  for  the  expenses  caused 
by  the  performance  of  their  expert  duties  necessary  in  the  course  of 
the  proceedings,  taking  into  account  the  changes  that  the  new  mining 
legislation  has  introduced  on  this  point. 

And  whereas : 

1.  The  ample  liberty  which  the  law  grants  to  miners  to  petition  for 
the  number  of  mining  claims  they  desire  establishes  a  considerable 
difference  in  the  amount  of  work  and  expense  which  said  operations 
may  occasion  in  each  proceeding;  and 

2.  It  being  indispensable  to  harmonize  with  respect  to  the  deposits 
for  the  course  of  the  said   proceedings  the  provisions  of  articles 
42  and  73  of  the  mining  regulations  of  June  24,  1868,  His  Majesty 
the  King  has  deemed  proper  to  order  the  adoption  of  the  following 
provisions : 

1.  On  presenting  to  the  governors  of  the  provinces  the  petitions  for 
mining  concessions  the  person  interested  must  present  also  the  proper 
receipt  which  proves  that  he  has  deposited  the  sum  of  75  pesetas,  as 
prescribed  in  article  73  of  the  said  regulations,  when  the  number  of 
hectareas  petitioned  for  does  not  exceed  12. 

2.  When  more  than  12  hectareas  are  requested  there  shall  be  depos- 
ited 4  pesetas  more  for  each  additional  hectarea. 


86  MINING    LAW    APPLIED    TO    CUBA. 

3.  The  governors  of  provinces  may  demand  that  they  deposit  also 
the  additional  sum  necessary  for  the  full  payment  of  the  expert  work 
in  extraordinary  cases  in  which  the  estimated  expenses  are  greater 
than  the  sums  deposited,  after  a  detailed  estimate  made  by  the  engi- 
neer who  is  to  do  the  work,  with  a  report  of  the  chief  engineer  and 
approval  of  the  governor. 

Which  I  communicate  to  Your  Excellency 'by  royal  order  for  your 
information  and  consequent  effects. 

May  God  guard  you  many  years. 

Madrid,  December  18,  1871. 

MONTEJO   Y    ROBLEDO. 

To  the  Director-General  of  Statistics,  Agriculture,  Industry,  and 
Commerce. 


ROYAL  ORDER  OF  SEPTEMBER  18,  1872. 

DEPARTMENT  OP  THE  INTERIOR. 

The  honorable  secretary  of  the  interior  reports  to  me  on  this  date 
the  following: 

' '  HONORED  SIR  :  In  view  of  the  inquiry  made  of  this  department  by 
the  superior  technical  mining  board  with  reference  to  the  propriety  of 
modifying  the  royal  order  of  December  18, 1871,  relating  to  the  deposit 
for  registries  of  mi?ies ;  in  view  of  the  first  of  the  provisions  of  the 
said  royal  order,  in  which  there  is  imposed  on  the  miner  the  unavoid- 
able obligation  of  presenting  with  the  petition  for  registry  the  receipt 
which  proves  that  there  has  been  deposited  in  the  treasury  the  amount 
fixed  in  article  73  of  the  regulations; 

"  Whereas  since  the  law  of  1825  until  the  bases  which  are  now  in 
force  the  starting  point  of  the  right  to  the  ownership  of  a  mining 
concession  is  the  moment  of  the  presentation  of  the  petition  for  reg- 
istry, because  the  priority  of  the  presentation  of  the  petition  gives  the 
preferred  right; 

"  Whereas  from  the  moment  in  which  are  instituted  proceedings  or 
steps  prior  to  the  presentation  of  the  petition  there  is  the  possibility 
that  this  presentation  may  suffer  a  delay  independent  of  the  will  of 
the  miner,  which  would  cause  the  loss  of  his  rights; 

' '  Whereas  the  amount  that  is  ordered  to  be  deposited  in  the  treas- 
ury, and  the  receipt  for  which  must  be  presented  at  the  same  time  as 
the  petition  for  registry,  has  no  other  object  than  to  cover  the  official 
expenses  arising  from  the  examination  of  the  land  and  the  survey  of 
the  concession  Toy  the  engineer,  operations  rarely  accomplished  before 
the  two  months  granted  for  this  work  have  passed,  it  is  immaterial, 
therefore,  whether  said  deposit  be  made  subsequently  to  the  registry, 
providing  that  it  be  made  before  the  examination  and  survey,  while 


MINING    LAW    APPLIED   TO    CUBA.  87 

on  the  other  hand  it  is  of  the  utmost  importance  that  nothing  shall 
delay  the  entry  in  the  book  of  the  registry  of  the  memorandum  stating 
the  day  and  hour  of  the  presentation  of  the  petition,  the  basis  of  the 
right  of  mining  concessions; 

"Whereas  the  retention  by  the  miners  in  their  own  possession  of 
the  receipts  which  prove  that  they  have  deposited  the  amounts  pre- 
scribed in  the  royal  order  of  the  18th  of  December  last  may  give  rise 
to  involuntary  delays  on  the  part  of  the  interested  persons  in  the 
presentation  of  the  said  document  to  the  treasuries  when  these  offices 
receive  the  accounts,  approved  by  the  governors,  of  the  salaries  and 
traveling  expenses  occasioned  by  the  examination  and  survey  of  the 
mines,  giving  rise  to  delay  in  their  payment,  to  the  corresponding 
prejudice  to  the  engineers,  which  is  something  that  the  administration 
by  all  means  should  avoid.  His  Majesty  the  King  (whom  God  pre- 
serve) has  ordered  that  the  following  provisions  be  adopted : 

"1.  On  filing  in  the  offices  of  the  governors  of  the  provinces  the 
petitions  for  mining  concessions,  they  shall  be  entered  in  the  book  of 
registry,  in  the  presence  of  the  persons  interested,  who  shall  be  given 
the  proper  receipt,  according  to  the  provisions  of  article  22  of  the 
amended  law  of  1868,  even  though  the  persons  interested  do  not  attach 
thereto  the  receipt  which  proves  they  have  deposited  the  amounts 
fixed  in  the  royal  order  of  the  18th  of  December  last. 

"2.  The  admission  of  these  registries  shall  be  conditional  until  the 
presentation  of  the  receipt,  which  must  be  delivered  within  the  ten 
working  days  following  that  of  the  presentation  of  the  petition,  with 
which  requisite  the  admission  shall  be  definite,  this  being  stated  in 
the  receipt  mentioned  in  the  foregoing  provision. 

"3.  If  the  ten  working  days  should  elapse  after  the  conditional 
admission  of  the  petition  for  registry  without  presenting  the  receipt, 
the  registry  becomes  null  and  void. 

"4.  The  receipts  when  presented  shall  be  attached  to  the  corre- 
sponding proceedings,  there  being  given  to  the  persons  interested  the 
proper  receipt,  and  separating  them  from  the  former  at  the  proper 
time  in  order  to  attach  them  to  the  accounts  presented  by  the  engi- 
neers, so  that  the  latter  shall  suffer  no  delay,  under  the  strictest  lia- 
bility of  the  chief  of  the  mining  bureau." 

I  communicate  the  same  to  you  for  your  information  and  other 
purposes. 

May  God  preserve  you  many  years. 

Madrid,  September  18,  1872. 

JOSE  MARIA  FONTANALS, 

Director-  General. 


88  MINING    LAW    APPLIED    TO    CUBA. 

ROYAL  ORDER  OF  MARCH  14,  1877. 

DEPARTMENT  OF  THE  INTERIOR. 

YOUR  EXCELLENCY  :  With  the  object  of  avoiding  any  doubt  as  to 
the  meaning  and  application  of  what  is  established  in  the  decree  law 
of  December  20,  1868,  fixing  the  bases  for  the  new  mining  legislation, 
His  Majesty  the  King  (whom  God  preserve),  in  accordance  with  the 
resolution  of  the  section  of  the  interior  of  the  council  of  state,  declares 
that  any  free  space  situated  between  two  or  more  mines  which  does 
not  have  the  legal  dimensions  to  constitute  a  mining  claim,  or  thai- 
can  not  be  divided  into  claims  in  the  manner  prescribed,  neither  being 
susceptible  of  forming  part  of  another  concession  with  free  land  apart 
from  the  former,  being  complete!}'  surrounded  or  .not,  must  be  granted 
as  a  surplus  to  such  of  the  owners  of  the  adjoining  mines  who  first 
should  ask  for  the  same,  and,  should  the  latter  renounce  it,  to  any 
individual  that  asks  for  it. 

Which  I  communicate  to  you  by  royal  order  for  your  knowledge 
and  other  purposes. 

May  God  protect  you  many  years. 

Madrid,  March  14,  1877.  C.  TORENO. 

To  the  Director-General  of  Agriculture,  Industry,  and  Commerce. 


ROYAL  ORDER  OF  MAY  6,  1881. 

DEPARTMENT  OF  THE  INTERIOR.  . 

YOUR  EXCELLENCY:  As  there  exist  in  some  provinces  free  spaces 
of  land  which  can  not  be  the  object  of  a  mining  concession  on  account 
of  not  having  the  conditions  that  are  established  in  article  12  of  the 
decree  bases  of  December  29,  1868,  nor  can  they  be  awarded  as  sur- 
pluses, not  being  included  among  those  mentioned  in  article  13  of  the 
same  decree,  such  lands  being  inclosed  between  two  or  more  conces- 
sions and  the  dividing  line  of  the  province  in  which  they  are  situated 
and  the  boundary  line,  and  therefore  can  not  be  explored,  to  the  great 
prejudice  of  industry  and  commerce,  because  they  might  possibly 
contain  within  their  limits  mineral  substances  of  real  importance, 
His  Majesty  the  King  (whom  God  preserve),  desiring  that  such  preju- 
dices should  disappear,  and  taking  into  account  that  the  mining  leg- 
islation in  force  has  for  its  principal  object  the  development  of  this 
branch  of  the  national  industry,  has  resolved,  in  harmony  with  the 
report  of  the  superior  technical  mining  board  and  what  is  recom- 
mended by  that  general  direction,  that  the  dividing  line  of  two  adjoin- 
ing provinces  shall  be  considered  as  a  mining  concession  for  the 
purposes  of  the  said  article  13  of  the  decree  bases. 

Which  I  communicate  to  you  by  royal  order  for  your  information. 

May  God  protect  you  many  years. 

Madrid,  May  6,  1881.  ALBAREDA. 

To  the  Director-General  of  Public  Works. 


MINING    LAW    APPLIED    TO    CUBA.  89 

The  colonial  department,  under  date  of  July  21  last  past,  and  under 
No.  994,  communicates  to  his  excellency  the  Governor-General  the 
following  order: 

"YOUR  EXCELLENCY:  In  view  of  the  inquiry  addressed  by  Your 
Excellency  to  this  department  with  reference  to  the  manner  in  which 
the  title  of  ownership  of  the  mine  called  Victoria  should  be  issued, 
and  which  is  situated  in  the  jurisdiction  of  Cienfuegos,  Province  of 
Santa  Clara,  and  which,  denounced  by  Messrs.  Vega  &  Mallo  as  an 
iron  mine,  it  appears  from  the  technical  examination  that  it  contains 
very  little  of  said  substance,  it  being,  however,  workable  as  a  copper 
mine,  as  it  was  formerly  under  the  same  name: 

"  Whereas  the  law  of  the  17th  of  April,  1883,  is  in  force  in  this  island 
as  well  as  the  regulations  of  the  3d  of  April,  1884,  which  grant  to 
iron  mines  certain  privileges  which  mines  of  other  substances  do  not 
enjoy,  it  is  necessary  to  make  some  provision  to  prevent  mines  being 
called  iron  mines  when  in  reality  they  are  not  such,  His  Majesty  the 
King  (whom  God  preserve),  according  to  the  report  of  the  superior 
technical  mining  board,  has  ordered  to  be  observed  as  a  rule  in  the 
case  of  the  Victoria  mine,  and  in  other  similar  cases  which  may  arise 
hereafter,  that  in  the  titles  of  ownership  it  shall  be  stated  that  the 
concession  made  for  an  iron  mine  does  not  authorize  the  utilization  of 
an}'  other  class  of  minerals  subject  to  the  payment  of  the  surface  tax 
and  to  the  tax  on  the  output,  and  on  finding  mineral  subject  to  these 
imposts  they  may  be  worked  only  after  obtaining  special  authoriza- 
tion for  such  purpose,  which  must  be  entered  in  the  shape  of  a  memo- 
randum in  the  title  of  ownership,  the  offices  of  the  treasury  being 
informed  thereof  for  the  collection  of  the  proper  taxes." 

Which  I  communicate  to  your  excellency  by  royal  order  for  the 
purposes  indicated. 

And  His  Excellency  the  Governor-General  having  ordered  its  execu- 
tion under  date  of  the  17th  of  the  current  month,  by  his  order  it  is 
published  in  the  Gaceta  Oficial  for  general  information. 

Ha  ban  a,  Auirust  2G,  1885. 

H.  R.  DE  REGUENGA, 

Secretary  of  the  Governor- General. 
(Gaceta  of  Auirust  30,  1885.     Habana.) 


The  colonial  department,  under  date  of  June  30  last,  and  under  No. 
742,  communicates  to  His  Excellency  the  Governor- General  the  follow- 
ing royal  order: 

"  YOUR  EXCELLENCY:  His  Majesty  the  King  (whom  God  preserve), 
and  in  his  name  the  Queen  Regent  of  the  Kingdom,  has  issued  on  this 
date  the  following  decree: 

"  '  Don  Alfonso  XIII,  by  the  grace  of  God  and  the  constitution  King 
of  Spain,  and  in  his  name,  during  his  minority,  the  Queen  Regent 


90  MINING    LAW    APPLIED    TO    CUBA. 

of   the   Kingdom,    to   all   who   may   see   and    understand   these 
presents : 

"  '  Know  ye  that  the  Cortes  have  decreed  and  we  have  sanctioned 
the  following: 

"  '  FIRST   AND   LAST   ARTICLE. 

"  'Beginning  with  the  next  fiscal  year,  the  privileges  referring  to 
minerals  of  iron  of  the  law  of  April  17,  1883,  shall  be  extended  to  min- 
erals of  manganese,  zinc,  and  lead.  Therefore  we  order  all  courts, 
judges,  chiefs,  governors,  and  other  authorities,  civil  as  well  as  mili- 
tary and  ecclesiastical,  of  whatsoever  class  and  dignity,  that  they 
observe  and  enforce  the  observance,  fulfill  and  execute  the  present 
law  in  all  its  parts. 

"  '  Given  at  the  Palace  on  June  30,  1887.     I,  the  Queen  Regent. 
' '  '  VICTOR  BALAGUER,  Colonial  Secretary. ' 

"Which  by  royal  order  I  communicate  to  Your  Excellency  for  its 
fulfillment." 

And  His  Excellency  having  ordered  its  fulfillment  under  date  of  the 
28th  of  the  month  last  past,  by  his  order  it  is  published  in  the  G-aceta 
for  general  information. 

Habana,  August  2,  1887.  JOSE  PUJALS. 

(Gaceta  of  August  6,  1887.) 

We  hereby  certify  that  the  foregoing  translation  is  correct. 
(Signed)  FRANK  L.  JOANNINI, 

Official  translator, 

Division  of  Customs  and  Insular  Affairs,  War  Department. 
(Signed)  M.  E.  BEALL,  Assistant. 

I  hereby  certify  that  Frank  L.  Joannini  is  the  official  translator  of 
the  Division  of  Customs  and  Insular  Affairs  of  the  War  Department. 
(Signed)  CLARENCE  E.  EDWARDS, 

Lieutenant  Colonel,  Forty-seventh  Infantry,  U.  S.  V. , 

Cliief  of  Division. 


[Numbers  refer  to  articles.] 


Abandoned  mines,  uiay  be  the  object  of  a  new  award:  Law.  60  and  68:  regula- 
tions, 79. 

Abandoned  trial  pits,  how  protected:  Law,  62. 

Abandonment  of  mines.     (Sec  Forfeiture.) 
trial  pits:  Law,  62. 
a  registry  or  exploration:  Law,  62.     (See  Claims. ) 

Administrative  notifications:  Law,  81,  92;  regulations,  40,  59;  general  provision 
law,  5;  general  provision  regulations,  2. 

Agents  or  attorneys  to  act  in  mining  proceedings:  Law,  92;  regulations,  40. 

Agriculture.     (See  Indemnities.) 

Alienation  of  forfeited  concessions.     (See  Auctions.) 

Anthracite  coal:  Area  of  claims;  law,  13.     (See  Combustibles.) 

Appeals  in  mining  matters  are  as  a  rule  administrative  to  the  Government:  Law, 

86,  87,  88;  general  provision,  regulations,  11. 
when  to  enter:  Law,  88. 
when  ordinary  courts  take  cognizance  of:  Law,  94, 95. 

Asphaltum,  area  of  claims:  Law,  13;  bases,  4,9. 

Auriferous  and  stanniferous  sands,  are  of  free  utilization  or  not:  Law.  6. 13:  regu- 
lations, 9;  bases,  3,8. 

Authority  in  mining.     (See  Jurisdiction. ) 

Benefits,  communal,  granted  to  miners:  Law,  60. 

Bituminous  clay,  area  of  claims:  Law,  13. 

Brick,  fire,  utilization  of  substances  for  their  manufacture:  Law,  4;  regulations,  3. 

Building  materials  are  of  private  ownership:  Law,  3. 

Buildings,  minimum  distance  from  trial  pits:  Law,  12;  regulations,  18,19. 

Calcareous  phosphates,  when  they  are  the  special  object  of  mining:  Law,  1. 
substances:  Law,  3. 

Canals.     (See  Roads.) 

Certificates  of  proceedings  may  be  issued  only  by  governors:  Bases,  general  pro- 
vision, 5. 

Chalk.     (See  Terreous  substances. ) 

Clay,  bituminous,  area  of  claims:  Law,  13. 

Clayey  lands:  Law,  3;  bases,  2,7. 

Coal,  anthracite,  area  of  claims:  Law,  13. 

Combustible  substances  owned  by  State:  Law,  1. 

Combustibles,  substances:  Law.  1. 

for  reduction  works:  Law,  73. 

Competency,  administrative  and  judicial  in  mining  matters.     (See  Jurisdiction.) 

Communal  benefits,  granted  to  miners:  Law,  60. 

Condemnation:  Bases.  8,  9. 

Crockery  or  porcelain,  crystal  or  glass,  utilization  of  substances  for  their  manu- 
facture: Law,  4:  regulations,  3. 

91 


92  INDEX. 

Crystal  or  glass,  utilization  of  products  for  their  manufacture:  Law,  4;  regula- 
tions, 3. 

Cultivated  lands,  etc.:'  Law,  9;  regulations  14, 16.     (See  Trial  pits,  Claims,  Owner- 
ship.) 

Damages  and  losses  in  mines:  Law,  55;  bases,  26.     (See  Indemnities.) 
Distance  of  buildings  from  trial  pits:  Law,  12;  regulations,  18,  19. 
Domain,  eminent.     (See  Condemnation.) 
Drainage  of  mines:  Law,  55. 
Dumps,  development  of:  Law,  5;  regulations,  8. 
Dumps  and  scoria:  Law,  45-48,  59;  regulations,  64,  65. 
Easements  of  mining  claims:  Law,  44, 55. 
Eminent  domain.     (See  Condemnation.) 
Engineers  of  mines  intrusted  with  the  technical  direction,  etc.:  Law,  96. 

must  conform  strictly  to  the  laws  and  regulations,  etc. :  Regulations, 

53,  55, 89. 
Explorations  of  lands;  when  works  of  more  importance  than  trial  pits  are  to  be 

made  permission  of  the  governor  is  necessary:  Law.  21.     (See  Trial  pits.) 
Explorations,  one  petition  can  include  the  area  for  two  claims  only:  Law,  17;  bases, 

10-14. 

is  one  of  the  means  to  acquire  ownership  of  claims:  Law,  20. 
petitions,  plans,  etc.:  Law,  21-28;  regulations,  28. 
(See  Forfeiture,  Galleries,  Claims,  Registries.) 

Explorations  and  registries,  stub  books  of:  Law,  22;  regulations,  32. 
Ferruginous  lands:  Law,  3,7;  bases,  3,8. 
Fire-brick  works,  how  they  secure  material:  Law,  4. 
Fluor  spar:  Law,  1. 

Forfeiture  of  mining  claims:  Takes  place  by  nonfulfillment  of  conditions,  bad 
management,    insolvency,    abandonment,    renunciation:     Law, 
65-70,88;  regulations,  73,  77-79. 
mines:  Bases,  23. 
proceedings,  cases  in  which  it  occurs:  Law,  64,  67:  regulations,  75 

et  seq. 

authorizations    to  develop  terreous  substances:   Law,    5;   regula- 
tions, 8. 

petitions  for  forfeited  mines:  Law,  68;  regulations,  79. 
Forfeited  concessions,  alienation  of.     (See  Auctions. ) 

Fortifications,  minimum  distance  of  trial  pits:  Law,  12;  regulations,  18, 19. 
Galleries,  general,  for  explorations,  drainage,  and  transportation :  Law,  40-44;  regu- 
lations, 58-63;  bases,  18,25. 
Gardens,  orchards,  and  irrigated  lands,  their  owner  only  can  grant  permission  for 

trial  pits,  etc.:  Law,  10;  regulations,  14,16. 

the  governor  and  secretary  of  fomento  may  grant  it  to  continue  work- 
ings: Law,  20. 

General  galleries  for  explorations,  drainage,  and  transportation:  Law,  40-44;  regu- 
lations, 58-63;  bases,  18,25. 

General  mining  conditions:  Law,  49-65;  regulations,  66-74. 

Glass  or  crystal,  utilization  of  products  for  their  manufacture:  Law,  4;  regula- 
tions, 3. 

Glass  works,  how  they  secure  substances  necessary  for  their  works:  Law,  4. 
Gold.     (See  Auriferous  sands.) 

Governors:  Law,  20,  21  et  seq.,  29,  30,  31,  36,  37,  38  et  seq. 
Government  grants  mining  permits:  Law,  2. 
Groups  of  mining  claims:  Law,  16;  regulations,  23,  42,  73. 
mines.     (See  Mining  groups.) 


INDEX.  93 

Heavy  spar:  Law,  1. 

Intentional  offender;  when  a  miner  is  considered  an:  Law,  55. 

Iron  (mines  of):  Law,  1  and  13;  bases,  4,  9. 

Jurisdiction  in  raining:  Law,  85-95;  regulations,  83-88. 

administrative:  Law  68,  33-95:  regulations,  83-88. 
Lands,  surplus:  Law  14,  15;  regulations,  20,  21.  22. 
Losses  and  damages  in  mines:  Law,  55;  bases,  26.     (See  Indemnities.) 
Magnesian  lands:  Law  3;  bases,  3,  8. 
Memoranda  of  surveys:  Regulations,  50  and  53. 
Mineral  coals.     (See  Invoices. ) 

products.     (See  Substances.) 

reduction  works,  charges  and  duties  of  the  reducers:  Law,  71;  regula- 
tions, 80. 

proceedings  of  condemnation  to  establish:  Law,  72;  bases,  26,  27. 
concession  of  waters  and  combustibles  for:  Law,  73,  74. 
substances  which  are  the  special  object  of  mining:  Law,  1;  regulations, 

1;  bases.  1-9. 
Mines  of  the  State,  which  are  such,  the  Government  can  not  alienate  them,  etc: 

Law,  75-79. 

abandoned  maybe  objects  of  new  awards:  Law,  65,  68:  regulations,  79. 
Mining  claims,  what  is  an  ordinary,  according  to  class  of  minerals:  Law,  13;  bases, 

11,  12-14. 

incomplete:  Law,  14;  bases,  13. 
surplus  of:  Law,  15:  regulations,  20-22;  bases,  13. 
number  of,  which  can  be  obtained  by  grant  or  purchase,  etc. :  Law, 

16-19;  regulations,  20-26;  bases,  12-15. 
may  be  alienated,  etc.:  Law,  19,  57;  bases,  21. 
concessions  of,  are  for  an  indefinite  period:  Law,  39. 
perpetuity  of  concessions:  Bases,  19. 
abandoned,  revert  to  their  owners:  Law,  70. 
petition  for,  or  manner  of  obtaining  their  ownership:  Law,  20-28; 

regulations.  27-42. 

petition  for  mines  previously  worked  or  forfeited:  Law,  68:  regu- 
lations, 79. 

annual  surface  tax  on  concessions:  Law,  80;  bases,  19. 
(£ee  Surf  ace  tax.) 
concessions:  Law,  29-39;  regulations,  43-57:  bases,  15-26.     (See Drainage; 

Surplus  lands. ) 

groups:  Law,  16;  regulations,  23,  42,  73. 
jurisdiction:  Law,  85-95;  regulations,  83-88. 
objects  of:  Law,  1-7;  regulations,  1-10;  bases,  1-9. 
properties.     (See  Claims.) 
registers.     (See  Stub  books. ) 

surveys,  their  requisites,  etc.:  Law,  29-39:  regulations,  43-57:  bases,  17. 
taxes:  Law.  80-85;  bases,  16. 
works,  must  be  properly  performed,  when  and  what  works  are  required 

by  law:  Law,  28,  49  et  seq.;  regulations,  36,  40,  66-70. 
Mixed  substances:  Regulations,  2;  bases,  20. 
Name,  must  be  given  to  a  mine,  etc.,  desired:  Regulations,  33. 
Objects  of  mining:  Law,  1-7;  regulations,  1-10:  bases,  1-9. 
Ochers  and  red  ochers:  Law,  7. 

Offenders,  intentional,  when  miner  is  so  considered:  Law,  55. 
Ordinary  courts,  mining  questions  in  which  they  are  competent:  Law,  94;  regu- 
tions,  87. 


94  INDEX. 

Owner  of  land  has  the  preference  in  use  of  mineral  substances:  Law,  4. 

subsoil  and  of  mines  is  the  State:  Law,  2;  bases,  6. 
Ownership  of  substances  the  objects  of  mining  vested  in  State:  Law,  2. 
Pasture  lands,  requisites  to  dig  trial  pits  on,  etc, :  Law,  9;  regulations,  14, 16. 
Permissions  for  exploration:  Law,  17,25-28,61  and  last  paragraph  of  65;  regula- 
tions, 36. 
Petitions  for  explorations  or  registry:  Law,  20. 21-27;  regulations,  27, 28, 29  et  seq.. 

42.  58, 73,  74,  75. 

receipt  for,  to  the  persons  interested,  general  provision:  Regulations.  12. 
for  claims.     (See  Claims. ) 

Plans  of  lands  requested  for  exploration  and  registry:  Law,  21;  regulations,  28. 
Police  supervision  of  mineral  substances:  Law,  3. 
Porcelain  works,  how  they  secure  minerals  necessary:  Law,  4. 
Possession  of  claims:  Law,  38. 

Pottery  works  can  appropriate  by  due  process  the  mineral  necessary  for  its  opera- 
tions: Law,  4. 
Precious  stone  are  the  special  object  of  mining,  and  when:  Law,  1;  regulations, 

1:  bases,  4. 

Priority  of  right  to  mines:  Law,  20;  regulations,  15,27;  bases,  16. 
Proceedings,  certificate  of,  issued  by  governors:  Bases,  general  provisions,  5. 
Proceedings  relating  to  mines: 

Petitions  for  claims:  Law,  20-28. 

the  registry  of  abandoned  mines:  Law,  68. 

to  develop  mineral  products  of  a  terreous  nature:  Law,  3-5;  reg- 
ulations, 3-8. 

for  condemnation  for  reduction  works:  Law,  72. 

Concessions  of  svaterfa  Is  and  combustibles  for  reduction  works:  Law,  73. 
Formalities  in  and  order  of  mining  proceedings:  Law,  23-26;  regulations.  .".8, 

and  provisions  6-8  of  the  same. 

Mining  proceedings  are  purely  administrative:  Law,  68. 

Proper  performance  of  mining  works:  Law.  28,  49  et  seq. ;  regulations,  35, 40, 66,  70. 
Properties,  mining.     (See  Claims.) 
Property  of  mines  is  originally  vested  in  the  State:  Law,  2;  bases,  1,4,9. 

substances  of  a  terreous  nature,  etc.,  can  not  be  worked  with- 
out the  permission  of  the  owner  of  the  land,  etc.:  Law,  4; 
bases,  7  and  8. 
the  latter  is  preferred  in  a  proper  case:  Law,  4;  regulations, 

4:  bases,  8. 

exception  in  favor  of  pottery  works,  etc. :  Law,  4. 
indemnities  to  the  owners  of  the  lands:  Law,  5, 11,  55,  56,  and 

70;  regulations,  5, 6,  7, 16, 17, 27;   bases,  8. 
Public  sales.     (See  Auctions. ) 
Reduction  works,  waterfalls  for:  Law,  73. 

Registry  of  mines  is  one  of  the  means  to  obtain  ownership  of  claims:  Law,  20. 
petitions  for:  Law,  20-24,61. 
work  to  be  done  by  register,  etc.:  Law.  28. 
may  be  converted  into  explorations:  Law,  28,  34. 
Renunciation  of  mines,  obligations  of  the  owner:  Law,  62. 
Repeal,  general,  of  all  prior  laws,  instructions  and  regulations  relating  to  mines: 

Law,  final  provision;  bases,  32. 

Requisites  for  mining  surveys:  Law,  29-39;  regulations,  43-57;  bases,  17. 
Rights  with  regard  to  mining,  their  acquisition  and  alienation:  Law,  19,  37;  regu- 
lations, 13;  bases,  12-29. 
Roads,  minimum  distance  from  trial  pits:  Law,  12;  regulations,  18,  19. 


INDEX. 


95 


Roads  for  the  service  of  mines:  Law.  50.          \t.    ''-  * 
Sales,  public.     (See  Auctions.) 

Salt  mines  which  are  reserved  to  the  State:  Law.  75. 
Sand,  clay,  chalk  etc..  are  of  private  ownership:  Law,  3. 

(See  Terreous  substances.) 
Scoria1.     (See  Dumps  and  scoriae.) 
Silicious  and  calcareous  mineral  products,  sands,  clay,  chalk,  etc..  are  of  private 

ownership:  Law,  3. 

stones,  etc.,  slate,  chalk.     (See  Terreous  substances.) 
Soil  and  subsoil  denned,  ownership,  etc  :  Bases,  5,  6. 

Stanniferous  and  auriferous  sands:  Law,  0.  13:  regulations.  9;  bases.  4,  9. 
State  mines,  which  are:  Law,  75.  79. 

the  owner  of  calcareous  phosphate-,  heavy  spar,  fluorspar,  and  precious 

stones:  Law.  5. 

i.s  the  owner  of  the  subsoil  and  of  the  mines:  Law.  2;  bases,  6. 
Stub  books  of  explorations  and  registries:  Law,  22;  regulations,  32. 
Surface  tax  paid  by  mining  claims:  Law,  80;  bases,  19. 
Surplus  lands:  Law,  14,  15;  regulations.  20,  21.  22. 
Taxes,  mining:  Law.  80-85;  bases,  16. 
Terms  or  periods,  how  counted,  elc:  Law  and  general  provisions,  5;  regulations. 

1,  13. 

Terreous  substances  which  are  not  the  special  object  of  mining:  Law,  3,  4,  5;  reg- 
ulations, 3-8;  bases,  2,  7. 
Trial  pits*  definition,  who  may  dig  same,  on  what  land,  with  what  formalities, 

their  depth,  etc.:  Law,  8-12,  77;  regulations,  11-19;  bases,  10. 
obligations  of  persons  abandoning:  Law,  62. 

Vineyards,  requisites  to  make  trial  pits  therein,  etc.:  Law,  9;  regulations,  14,  16. 
Waters,  utilization  of,  found  in  mines:  Law,  59;  bases,  28. 

passage  or  drainage  of,  and  damage  caused,  etc. :  Law,  55. 
damages  to,  for  public  supply:  Law,  59. 
subterranean:  Bases,  4.  5. 
Waterfalls  for  reduction  works:  Law,  73. 
Water  troughs  and  other  public  easements,  minimum  distance  from  trial  pits: 

Law.  12:  regulations,  18,  19,  27. 
Wells,  obligation  to  fill  those  in  claims  and  mines  which  are  abandoned:  Law,  62. 

minimum  distance  from  trial  pits:  Law,  12;  regulations,  18,  19. 
Workmen.     (See  Mining  works.) 
Utilizations,  communal,  granted  to  miners:  Law,  60. 

o 


bpain  .  ^av;s 
statutes, 
Translat  i 

•I    r-.  ...        ,  .  _  .     ^ 

,                 t3QJJ        T1J236 
etc.                             C9S7 

on  of  the  milling 

•ii            n     V                        ° 

16.W   tippl 

iea  "to   Uuba 

' 

1 

! 

UNIVERSITY  OF  CALIFORNIA  LIBRARY 


